May 9, 2016

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590

RE: Exemption Request for sUAS docket FAA-2007-3330 Under Section 333 of the FAA 

Modernization and Reform Act of 2012 and 14 C.F.R. Part 11

Dear Sir or Madam:

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

and 14 C.F.R. Part 11, Unmanned Systems, Inc. (“USI”) request adding the list of Approved 

Unmanned Aircraft Systems regulatory docket FAA-2007-3330 “FAA Section 333 Petitions Shell 

Docket” to our current exemption numbers 11287 docket number FAA–2014–0950 and 

exemption 12870 docket number FAA−2014−0842 from two provisions of the Federal Aviation 

Regulations (“FAR”), specifically portions of 14 C.F.R. Part § 45 and Part § 91 to allow

commercial operations of its fleet of unmanned aircraft. The operation of these aircraft will be 

used in the continental United States (“CONUS”) by individuals who, at a minimum, maintain an

FAA private pilot certification or FAA-recognized equivalents.

USI seeks an exemption for use of small unmanned aerial system (“sUAS”) in a tightly 

controlled airspace for aerial data collection, imaging, videography, cinematography and data 

collections including motion picture and closed set television production, search and rescue 

operations, mapping, crop survey, inspections, real estate marketing and surveys, education, 

and UAS training. The requested exemption would permit the operation of the sUAS under 

controlled conditions that meet the requirements of our previous exemptions. 

Granting USI's request comports with the Secretary of Transportation's (“FAA Administrator's”) 

responsibilities to not only integrate UASs into the national airspace system, but to " ... establish 

requirements for the safe operation of such unmanned aircraft systems [UASs] in the national 

airspace system" under Section 333(c) of the Reform Act. Further, USI will conduct its 

operations in compliance with the protocols described herein or as otherwise established by the 

FAA. 

These aircraft capabilities, along with USI’s experience, make it ideally suited to conduct 

commercial operations within Visual Line of Sight (“VLOS”). Use of the sUAS reduces the need 

to operate manned aircraft, decreasing the risk to the pilot, crew, and those on the ground. 

As a result of the sUAS size, weight, maximum speed, operational capability, and safety record; 

the distance at which it will operate from airports and populated areas; and its operation using 

visual observers to provide deconfliction from other air traffic, the sUAS do not create a hazard 

to users of the NAS or the public. Neither does it pose a threat to national security. Therefore, 

the FAA should grant USI the requested exemptions. Alternatively, if the FAA finds that 

modification of USI's application is required for safe operation of the sUAS in the NAS, USI 

requests that the FAA delineate the required modifications and either process USI's application 

as if the modifications were already made or allow USI to amend its application to incorporate 

the FAA’s findings. 
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May 9th, 2016

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The name and address of the applicant are: 

Unmanned Systems, Inc. 

Address: 2709 Cyrano St, Henderson, NV 89044

Attn: Sherri Mersol

Ph: (702) 885-3930

Fax: (702) 656-8782 Email:sherri.mersol@unmannedsystemsinc.com 

USI’s exemption request encompasses the following regulations:

14 C.F.R. § 21

14 C.F.R. § 45.23(b)

14 C.F.R. § 61.113 (a) and (b)

14 C.F.R. § 91.7(a) and (b) 

14 C.F.R. § 91.109(a) 

14 C.F.R. § 91.119 

14 C.F.R. § 91.151(a) 

14 C.F.R. § 91.405(a) 

14 C.F.R. § 91.407(a)(1) 

14 C.F.R. § 91.409(a)(2) 

14 C.F.R. § 91.417(a)

Section 333’s Mandate and the Federal Aviation Act

Grant of this exemption application for use of the Approved Unmanned Aircraft Systems 

regulatory docket FAA-2007-3330 for commercial use. Pursuant to the exemption requested 

herein will advance the Congressional mandate in Section 333 of the FAA Reform Act to 

accelerate the introduction of UASs into the NAS. Section 333 directs the Secretary of 

Transportation to consider whether certain UASs may operate safely in the NAS before 

completion of the rulemaking required under Section 332 of the FAA Reform Act. To make that 

determination, the Secretary must evaluate which types of UASs do not create a hazard to 

users of the NAS or the public or pose a threat to national security in light of several criteria: 

• The UAS’s size, weight, speed, and operational capability; 

• Operation of the UAS in close proximity to airports and populated areas; and 

• Operation of the UAS within visual line of sight of the operator. 

FAA Reform Act § 333(b)(1). Once the Secretary determines that such vehicles “may operate 

safely in the national airspace system, the Secretary shall establish requirements for the safe 

operation of such aircraft in the national airspace system.” Id. § 333(c) (emphasis added). 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. 49 U.S.C. 

§ 44701(f). This statutory authority, by its terms, includes exempting civil aircraft, as the term is 

defined under §40101 of the Act, from the requirements that all civil aircraft must have a current 

airworthiness certificate, 49 U.S.C. § 44711(a), and those used in commercial service must be 

piloted by private and/or commercial pilots. 14 C.F.R. §§ 61.113(a) and (b), 61.133. 

The grant of the requested exemption is in the public interest based on (i) the clear direction in 

Section 333 of the FAA Reform Act; (ii) additional authority in the Federal Aviation Act, as 

amended; (iii) the strong equivalent level of safety surrounding the proposed operations; and (iv) 
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the significant public benefit, including enhanced safety and cost savings associated with 

utilizing UASs for agriculture, aerial survey photography, and patrolling. Accordingly, USI 

respectfully requests that the FAA grant the requested exemption without delay.

Airworthiness and Operations

USI proposes that the grant of the exemption be subject to the following mandatory conditions, 

which are based upon operating conditions set forth for operation of UAS by public entities 

pursuant to Certificates of Waiver or Authorization, with additional restrictions: 

1. The Small UAS (sUAS) will weigh less than 55 lbs. 

2. Flights will be operated within line of sight of a pilot and/or observer. 

3. Maximum total flight time for each operational flight will be limited to 25% battery 

power reserves. 

4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 

200 feet above an elevated platform from which filming is planned. 

5. Minimum crew for each operation will consist of the sUAS Pilot and the visual 

observer. 

6. sUAS pilot will be an FAA licensed airman with at least a private pilot’s certificate and 

second class medical. The observer will hold at least a third class medical. 

7. sUAS Pilot will be Pilot in Command (PIC). 

8. A briefing will be conducted in regard to the planned sUAS operations. 

9. The operator will file an FAA Form 7711-1, or its equivalent, as modified in light of 

the requested exemption, with the appropriate Flight Standards District Office. 

10. The operator will obtain the consent of all persons involved and ensure that only 

consenting persons will be allowed within 100 feet of the flight operation, and this 

radius may be reduced to 30 feet based upon an equivalent level of safety 

determination. With the advanced permission of the relevant FSDO, operations at 

closer range can be approved. 

11. The operator will submit a written Plan of Activities to the FSDO. 

12. Pilot and observer will have been trained in operation of UAS generally and received 

up-to-date information on the particular UAS to be operated. 

13. Observer and pilot will at all times be able to communicate by voice and/or text. 

14. Written and/or oral permission from the relevant property holders will be obtained. 

15. All required permissions and permits will be obtained from territorial, state, county or 

city jurisdictions, including local law enforcement, fire, or other appropriate 

governmental agencies. 

16. If the sUAS loses communications it will have the capability to return to a predetermined location within the Security Perimeter and land. If the sUAS loses signal 

from the GPS and from the pilot it will land at its current location once 25% battery 

life is reached.

17. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or 

emergencies. 

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

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 
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and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§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 UAS operated without an airworthiness certificate, in the 

restricted environment and under the conditions proposed will be at least as safe, or safer, than 

a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate 

without the restrictions and conditions proposed. 

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

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively 

within a secured area. Unlike other civil aircraft, operations under this exemption will be tightly 

controlled and monitored by both the operator and observer and in compliance with local public 

safety requirements to provide security for the area of operation. The FAA will have advance 

notice of all operations. Lastly, application of these same 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 C.F.R. § 45.23 (b). Marking of the Aircraft 

The regulation requires: 

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

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

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

entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more 

than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," or 

"provisional," as applicable. 

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 sUAS, 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 sUAS marked on its fuselage as 

required by §45.29 (f) where the pilot, observer, and others working with the sUAS will see the 

identification of the UAS as “Experimental.” The FAA has issued the following exemptions to this 

regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.

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

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the UAS 

will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of 

safety of current operations by requiring the PIC operating the aircraft to have a private pilot’s 

license rather than a commercial pilot’s license to operate this small UAS. Unlike a conventional 

aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing 

on board. The area of operation is controlled and restricted, and all flights are planned and 

coordinated in advance as set forth in the Manual. To provide for the differences in knowledge 

level the chief pilot for USI is a commercially rated pilot that will oversee all planned flight 

operations and will approve all operating areas and operating plans. The risks associated with 
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the operation of the sUAS are so diminished from the level of risk associated with commercial 

operations contemplated by Part 61, that with the above oversight and plans will achieve a level 

of safety commiserate with the current rules set forth by 14 C.F.R. §61.113 (a) & (b).

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 and the requirements contained in the Manual for maintenance and 

use of safety check lists prior to each flight, as set forth in Sections J, L and Q, 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 a 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 sUAS, given its size and configuration has no ability 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 sUAS will have immediate access to it. The FAA has 

issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 

9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700. 

14 C.F.R. § 91.103: Preflight action.

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

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

exemption will be needed. The PIC will take all actions including reviewing weather, flight 

battery requirements, landing and takeoff distances, and aircraft performance data before 

initiation of flight. 

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. 

sUASs 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. See Exemption Nos. 5778K & 9862A. The equivalent level of safety is provided by the 
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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. Specifically, Section 

91.119(c) limits aircraft flying over areas other than congested areas to an altitude of 500 feet 

above the surface, except over open water or sparsely populated areas. In those cases, the 

aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. 

As set forth herein, the rotorcraft will never operate at higher than 400 feet AGL. Because of our 

requested commercial applications must be accomplished at relatively low altitudes, i.e., less 

than 500 feet AGL, an exemption from Section 91.119(c) is required. 

The equivalent level of safety will be achieved given the size, weight, speed, and material with 

which the sUAS is built. Additionally, no flight will commence without the permission of the land 

owner or the party controlling the operating area. With advance notice to the landowner, all 

affected individuals will be aware of sUAS activity. Compared to similar operations conducted 

with conventional aircraft or rotorcraft, which weigh thousands of pounds and carry flammable 

fuel, any risk associated with these operations will be significantly reduced from those currently 

allowed for conventional aircraft operating at or below 500 feet AGL. Waivers have been 

granted to other UAS operators for such operations in Alaska. USI believes such operations can 

be conducted within the CONUS airspace for the same reasons justifying operations under the 

existing waiver in Alaska.

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 sUAS 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 Manual and Safety Check list, 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.” 14 

C.F.R. § 91.151(a). 

Maximum total flight time for each operational flight will be limited to 25% battery power 

reserves. Without an exemption from 14 C.F.R. § 91.151, some sUAS flights would not be 

possible. Given the limitations on its proposed operations and the location of those proposed 

operations, a longer duration for flight in daylight VFR conditions is reasonable. All flights will be 

limited to the no less than 25% battery power reserves. 

USI believes that an exemption from 14 C.F.R. § 91.151(a) is safe and consistent with the 

scope of a prior exemption. See Exemption 10673 (allowing Lockheed Martin Corporation to 
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operate without compliance with 91.151(a)). Operating the rotorcraft, a small UAS, without 30 

minutes of reserve fuel does not engender the type of risks that Section 91.151(a) was meant to

prevent. The fact that the sUAS carries neither a pilot, passenger, nor cargo enhances the 

reduced risk to overall safety. In the unlikely event that the sUAS should run out of battery, it 

would land per its autopilot instructions before the batteries are completely depleted. Given its 

weight and construction material, the risks are significantly less than contemplated by the 

current regulation. 

USI believes that an equivalent level of safety can be achieved by maintaining 25% battery life 

as being the equivalent of minimum fuel, this would be more than adequate to return the UAS to 

its planned landing zone from anywhere in its planned operating area. 

Similar exemptions have been granted to others, including Exemptions 2689F, 5745, 10673, 

and 10808.

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 55lbs and is operated without an onboard pilot. As 

such, there is no ability to carry certification and registration documents or to display them on 

the sUAS. 

An equivalent level of safety will be achieved by keeping these documents at the ground control 

point where the pilot flying the sUAS will have immediate access to them, to the extent they are 

applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A 

representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 

9797, 9797A, 9816A, and 10700. 

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 sections 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 these small UASs are very limited in size and will carry a small payload and 

operate only in restricted areas for limited periods of time. If mechanical issues arise the UAS 

can land immediately as it will be operating from no higher than 400 feet AGL. As provided in 
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the Manual, 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.

Federal Register Summary

Pursuant to 14 C.F.R. § 11.81(f), the following summary is provided for publication in the 

Federal Register, should the FAA determine that publication is needed: 

Docket No: FAA-2014-____ 

Petitioner: Unmanned Systems Inc. 

14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b); 14 C.F.R. § 61.113 (a) and (b); 91.7 (a); 91.9 (b) 

(2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 

91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned 

vehicle (55lbs or less) in motion picture and television operations.

Approval of exemptions allowing commercial operations of sUASs in aerial data collection will 

enhance safety by reducing risk. Conventional operations, using jet or piston power aircraft,

operate at extremely low altitudes in close proximity to people and structures and present the 

risks associated with vehicles that weigh in the neighborhood of 4,000lbs., carrying large 

amounts of jet A or other fuel (140 gallons for jet helicopter). Such aircraft must fly to and from 

the film location. In contrast, a battery powered sUAS weighing fewer than 55 lbs. eliminates 

virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. 

The sUAS is carried to the film set and not flown. The sUAS will carry no passengers or crew 

and, therefore, will not expose them to the risks associated with manned aircraft flights. 

The operation of sUASs, weighting less than 55 lbs., conducted in the strict conditions outlined 

above, will provide an equivalent level of safety supporting the grant of the exemptions 

requested herein, including exempting the applicant from the requirements of Part 21 and 

allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the 

ground, and in a sterile environment and, as a result, are far safer than conventional operations 

conducted with turbine helicopters operating in close proximity to the ground and people. 

Privacy

All flights will occur over private or controlled access property with the property owner’s prior 

consent and knowledge. Filming will be of people who have also consented to being filmed or 

otherwise have agreed to be in the area where filming will take place. 
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Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012—size, weight, 

speed, operating capabilities, proximity to airports and populated areas and operation with is 

VLOS and national security. Provided in the above documentation is adequate justification for 

the grant of the requested exemptions allowing commercial operation of applicant’s UAS in the 

commercial operations outlined above.

Sincerely,

Bill Reynolds

COO

Unmanned Systems Inc.