August 6, 2015

Exemption No. 12363

Regulatory Docket No. FAA–2015–1533

Ms. Kelly Neubecker

UASolutions Group, Inc.

Counsel for Homeland Surveillance and Electronics, LLC

2518 Auburn Drive

Cocoa, FL 32926

Dear Ms. Neubecker:

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

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

including the date it ends.

By letter dated April 24, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Homeland Surveillance and Electronics, LLC (hereinafter petitioner or operator) for 

an exemption. The petitioner requested to operate an unmanned aircraft system (UAS) to 

conduct inspections, aerial mapping, surveying, product demonstration, and product training1.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

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

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

delay in acting on this petition would be detrimental to the petitioner.

 

1 The petitioner requested authority to conduct UAS training. At this time, the FAA is unable to authorize UAS 

operations for training until a further assessment is completed. When the FAA completes its review, we will 

proceed accordingly and no further action will be required by the petitioner. However, the petitioner is permitted 

to train its own pilot in commands and visual observers in accordance with condition no. 14 and the other 

conditions and limitations in this exemption.
2

Airworthiness Certification

The UAS proposed by the petitioner are the Leptron Avenger and Leptron RDASS.

In accordance with the statutory criteria provided in Section 333 of Public Law 112−95 in 

reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited 

operating area associated with the aircraft and its operation, the Secretary of Transportation 

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA 

finds that relief from 14 CFR part 21, Certification procedures for products and parts, 

Subpart H—Airworthiness Certificates, and any associated noise certification and testing 

requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection2. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

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

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Homeland Surveillance and Electronics, LLC is 

 

2 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
3

granted an exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 

61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and 

(2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to 

perform aerial data collection. This exemption is subject to the conditions and limitations 

listed below.

Conditions and Limitations

In this grant of exemption, Homeland Surveillance and Electronics, LLC is hereafter referred 

to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the Leptron Avenger

and Leptron RDASS when weighing less than 55 pounds including payload. Proposed 

operations of any other aircraft will require a new petition or a petition to amend this 

exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.
4

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.
5

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 
6

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.
7

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
8

This exemption terminates on August 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
1

SPH-2134068-1

UASolutions Group, Inc.

2518 Auburn Drive, Cocoa FL 32926

Tel: (321) 261-2547

Kellyneubecker@uasolutionsgroup.com

April 24, 2015

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE

Washington, DC 20590 

Re: Petition for an Exemption to Conduct Small Unmanned Aircraft Systems (sUAS) 

Operations Allowed by Section 333 of the Federal Aviation Administration Modernization 

and Reform Act of 2012, 49 U.S.C. § 44701(f), and 14 C.F.R. Part 11

A. Summary

On behalf of our clients, Homeland Surveillance & Electronics, LLC, and pursuant to 

Section 333 of the Federal Aviation Administration (FAA) Modernization and Reform Act of 

2012 (“FMRA”), Subsection (f) of 49 U.S.C. § 44701, and 14 C.F.R. Part 11, Homeland 

Surveillance & Electronics, LLC (“HSE-UAV”), (hereafter known as the “Petitioner”), an 

operator and distributor of Unmanned Aircraft Systems (“UAS”), seeks exemption from the 

following listed Code of Federal Regulations (“CFR”) to allow commercial operation of the 

Leptron Avenger (“Avenger”) within the National Airspace System (NAS) for controlled, lowrisk, aerial mapping, surveying, product demonstration flights for potential customers, product 

training for potential customers, research and development, and structural inspections, conducted 

within and under the conditions outlined herein, or as may be established by the FAA, as 

required by Section 333 requirements. 

As described more fully below, the requested exemption would permit the operation of 

the Leptron Avenger sUAS by Petitioner under controlled conditions in predetermined airspace 

that is 1) Limited in scope 2) Controlled as to access by mission essential personnel only and 

3) Provides improved safety controls and efficiency to industries presently using conventional 
2

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

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

safe operation of such aircraft systems in the national airspace system” as stated within Section 

333(c) of the FMRA. In making this determination, the Secretary is required to determine which 

types of sUAS do not create a hazard to users of the NAS or the public or pose a threat to 

national security in light of the aircraft’s size, weight, speed and operational capability; 

Operation of the sUAS in close proximity to airports and population centers; Operation of a 

sUAS within visual line of sight of the operator.

Grant of the requested exemption is in the public interest based upon the concise 

direction expressed within section 333 of the reform act; the added authority granted by the Act, 

as amended; an equivalent level of safety regarding flight operations as expressed herein, and 

significant cost savings achieved by transitioning from traditional manned aerial resources to 

sUASs. The petitioner respectfully requests that the FAA grant the requested exemption without 

delay. Petitioner will operate the Leptron Avenger sUAS while keeping the documents required 

by the regulations at the ground control station and immediately accessible to the Pilot in 

Command (PIC) and by modification of the required markings (registration number) of the sUAS

to be displayed on the fuselage of the unmanned aircraft.

The name and address of the Petitioner is:

Homeland Surveillance & Electronics, LLC.

The primary contact for this petition, with a copy to me at the address above is:

David Sanders

546 Business Park Dr.

Medford, OR 97504

B. Regulations – Exemptions Requested

a. 14 C.F.R. 45.27(a), 

b. 14 C.F.R. 61.113(a) and (b), 

c. 14 C.F.R. 91.7(a), 

d. 14 C.F.R. 91.105, 

e. 14 C.F.R. 91.119(c)

f. 14 C.F.R. 91.121, 

g. 14 C.F.R. 91.151(b), 

h. 14 C.F.R. 91.405(a), 

i. 14 C.F.R. 91.407(a)(1), 
3

j. 14 C.F.R. 91.409(a)(1) and (2), and 

k. 14 C.F.R. 91.417(a) and (b). 

C. Corporate Background

HSE-UAV is a leader in "Made in America" remotely piloted UAS. HSE-UAV platforms 

include the most sophisticated features, are manufactured to be durable, and are the easiest to use 

systems on the market. Additionally, HSE-UAV strives for innovative power cell technology 

with improved power, performance, longevity and superior weight standards for UAS. HSEUAV helicopters are designed for maximum flight time with minimum down time. The team of 

professionals stand ready to design the right UAS and platform to meet law enforcement and first 

responder needs, as well as complete training and a maintenance package to keep the UAS ready 

when the need arrives. HSE-UAV also has the operational infrastructure to provide aerial 

mapping, surveying, product demonstration flights, product training, research and development, 

and structural inspection for numerous customers in different geographical locations throughout 

the Unites States in a safe, convenient, and legal manner. 

HSE-UAV’s sUAS for the purposes of this petition is the Leptron Avenger. The 

Avenger has a maximum gross takeoff weight of approximately 35 pounds or less, depending 

upon payload, with a wingspan of 72.5 inches, a length of 83.93 inches, and a height of 21 

inches with standard gear. The Avenger is equipped with a single rotor driven by a lithium 

polymer battery powered 10,000 Watt electric main motor and a 2,200 watt tail motor. HSEUAV will operate only within visual line of sight (VLOS) and during daylight hours in Visual 

Flight Rules (VFR) conditions. Additionally, HSE-UAV will operate only within the parameters 

defined in the blanket Certificate of Authorization (COA) issued by the FAA under the new 

interim policy. In the event any HSE-UAV operation exceeds the 200-foot limitation imposed 

by the policy, a separate COA specific to the airspace required for that operation will be obtained 

prior to flight operations. Such requirements will insure that the sUAS will “not create a hazard 

to users of the national airspace system or the “public” as stated in Section 333 of the FMRA. 

D. Airworthiness 

A critical element of consideration for grant of the petition is evidence of an equivalent 

level of safety for airworthiness of the sUAS. The FAA has been authorized to exempt aircraft 

from the requirement for an actual airworthiness certificate in accordance with the statutory 

criteria provided in Section 333 of PL 112-95 in reference to 49 USC 44704, in consideration of 
4

the size, weight, speed, and limited operating area associated with the aircraft and its operation. 

However, in accordance with FAA N 8900.291, Petitioner has an established inspection and 

maintenance program for the continued airworthiness of the aircraft in accordance with the 

manufacture’s maintenance, overhaul, replacement, inspection, and life limit requirements for 

the aircraft and aircraft components. 

E. Leptron Avenger Summary

1. LEPTRON AVENGER

Petitioner seeks an exemption to operate the Leptron Avenger for limited approved 

commercial purposes within the NAS1. The Avenger is a sUAS that is comprised of an airborne

unmanned aircraft and a transportable ground station. The Avenger has a maximum gross 

takeoff weight of approximately 35 pounds or less, depending upon payload, with a wingspan of 

72.5 inches, a length of 83.93 inches, and a height of 21 inches with standard gear. The 

Avenger is equipped with a single rotor driven by a lithium polymer battery powered 10,000 

Watt electric main motor and a 2,200 watt tail motor.

 

1 Petitioner will submit additional Aircraft Registration Applications as required, upon the grant of the exemptions 

sought by this petition.
5

2. Proven Operational History of the Leptron Avenger in the NAS. 

The Leptron Avenger is acquiring substantial system maturity. It is currently operating

safely within the NAS pursuant to approximately fourteen (14) COAs granted by the FAA to 

Arlington Texas Police Department, Central Michigan State University, Texas A&M University 

and New Mexico State University. 

Petitioner proposes that requirements should take into account the characteristics of the 

particular sUAS. The Avenger is characterized by a high degree of pre-programmed control, 

various built-in technical capabilities that limit the potential for operation outside of the 

operating conditions as set forth below, and many built-in functional, safety and redundancy 

features to ensure a safe and reliable operation.

In support of these characteristics, and to provide the details for review by the FAA, 

Petitioner submits the following documents and manuals as attachments to this exemption 

request as a set of Confidential Documents under 14 CFR 11.35(b) as each document and manual 

contains proprietary information that the applicant has not and will not share with others. The 

documents and manuals contain specifications, operating conditions and procedures, 

maintenance procedures and a safety management program that are not available to the public 

and are protected from release under the Freedom of Information Act 5 USC 552 et.seq.

• Leptron Avenger B Flight Operation’s Manual (FOM) and Center of Gravity 

Overview

• HSE- UAV Standard Operating Procedures (SOP) with checklists

• Leptron Avenger B Training Manual 

• HSE-UAV Inspection and Maintenance Manual

F. Regulatory Basis for Petition

Petitioner, pursuant to 14 C.F.R. §§ 11.61(b), 11.81, 2and the FAA Modernization and

Reform Act of 2012 (“FMRA”), Section 333, Special Rules for Certain Unmanned Aircraft

Systems (“Section 333”), hereby respectfully petitions the Administrator for an exemption from

the requirements of 14 C.F.R. §§, 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121, 

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

 

2

14 C.F.R. § 11.61(b) (“Using a petition for exemption, you may ask FAA to grant you relief from 

current regulations in 14 C.F.R.”), 14 C.F.R. § 11.81 (“What information must I include in my 

petition for an exemption”)?
6

1. Section 333 

Congress identifies Section 333 of the FMRA, as a pathway for “expedited operational 

authorization” of certain sUAS in the NAS. Section 333 (b)(1) (“expedited operational 

authorization.”).

3

 Under Section 333 Congress mandates that the FAA “shall determine if certain 

unmanned aircraft systems may operate safely in the national airspace system before completion 

of the plan and rulemaking required by Section 332 of this Act or the guidance required by 

section 334 of this Act” (Section 333(a)) upon consideration of its “size, weight, speed, operational 

capability, proximity to airports and populated areas, and operation within visual line of sight.” 

Section 333(b)(1). If the FAA makes such a determination, the FAA “shall [also] establish 

requirements for the safe operation.” Section 333(c). The FAA further may find that the sUAS does 

not require “airworthiness certification under section 44704 of title 49, United States Code.” Section 

333(b)(2).

2. 49 U.S.C. § 44701

The FAA is further authorized to grant exemptions from its safety regulations and 

minimum standards under 49 U.S.C. § 44701 (“Section 44701”) “if the Administrator finds 

the exemption is in the public interest.” Section 44701(f)4(authorizing the grant of 

exemptions from safety regulations and minimum standards under Section 44701(a) and (b) and 

Sections 44702-44716).5

For the reasons addressed herein, this Petition qualifies for expedited approval of 

Petitioner’s request for exemption under both Section 333 of the FMRA and 49 U.S.C § 44701.

G. Leptron Avenger Statutory Criteria for Exemption under Section 333

Given its small size, light weight, slow speed, limited load capacity, superior 

operational capabilities, and that the operations will be conducted only during the day, under 

visual meteorological conditions (“VMC”), within VLOS of the PIC, with the assistance of a visual 

 

3

See also www.faa.gov/sUAS/legislative_programs/section_333/ (noting that Section 333 grants 

the FAA “the statutory flexibility to expedite requirements for the safe operation of certain aircraft 

systems in the NAS.”).

4 Under 49 U.S.C. § 44701(f), the “Administrator may grant an exemption from a requirement

of a regulation prescribed under subsection (a) or (b) of this section or any of sections 44702-

44716 of [Title 49] if the Administrator finds the exemption is in the public interest.”

5

See e.g. 49 USC §44711(a)(1) prohibiting operations without airworthiness certificate; (2) 

prohibiting serving as airman without airman’s certificate; (5) prohibiting commercial operations in 

violation of regulations); 49 USC §44704 (issuance of airworthiness certificate); 14 C.F.R. §91.203

(a)(1) (carry airworthiness certificate)).
7

safety observer (“VO”), and confined within the boundaries of a consenting landowner’s property

and not in the proximity of airports or populated areas, the Leptron Avenger is the very category 

of sUAS that qualifies for expedited approval under Section 333.

1. Section 333(b)(1) Criteria

a. Size

The Leptron Avenger measures approximately 19.75 inches in height and 58 inches 

wide, with a wingspan of 72.5 inches.

b. Weight

The Leptron Avenger has a maximum gross weight of 35 lbs.

c. Speed

The Leptron Avenger has a maximum autopilot limited speed of approximately 12 

Meters per second (M/S) (24 KTS). However, Petitioner typically operates the aircraft at below 

10 M/S (20 KTS). 

d. Operational Capability

The Leptron Avenger was specially designed for high or low altitude surveillance, 

photography, and sensor management. Supported by electric batteries that are rechargeable, the

Avenger can fly from 20 – 60 minutes (*depending upon atmospheric conditions) and carry a 

variety of cameras or sensors. Other Operational metrics of the Avenger are as follows:

Unmanned Aircraft 

System

The Leptron Avenger is a sUAS that is comprised of an unmanned

aircraft (UA) and a transportable ground station.

Serial No. LEP 822

Unmanned Aircraft 

Dimensions

Rotor Diameter: 

72.25 in. 

Length: 83.93 in.
8

Engine 

(Propulsive Unit)

Engine (Propulsive Unit)

The aircraft uses a 10,000 Watts electric main motor and a 2,200 watt 

tail motor.

FAA Motor Type Certificate: None

Electric-powered propulsion systems.

a. Type of Motor - 395 KV Electric Main, 900 KV Electric tail 

b. Current draw range – Total System current draw cruise = 30 

Amps and Max total system current draw = 360 Amps

c. All electrical demands are derived from the unmanned aircraft’s 

battery system.

Make: LEPTRON-AVGR

Model: 1000

Fuel Not Applicable.

NOTE: The Leptron Avenger sUAS is powered by a lithium 

polymer rechargeable battery.

Engine (Propulsive Unit) 

Limits

Engine (Propulsive Unit)

The aircraft uses a 10,000 Watts electric main motor and a 2,200 watt 

tail motor.

FAA Motor Type Certificate: None

Electric-powered propulsion systems.

a. Type of Motor - 395 KV Electric Main, 900 

KV Electric tail 

b. Current draw range – Total System current 

draw cruise = 30 Amps and Max total 

system current draw = 360 Amps

c. All electrical demands are derived from the 

unmanned aircraft’s battery system.

Make: LEPTRON-AVGR

Model: 1000

Propeller and 

Propeller

Limits

FAA Propeller Type Certificate: None

Propeller Type: 2-blade, hinged (folding), carbon fiber reinforced 

plastic, fixed pitch, tractor

Diameter (Nominal): 17.25 in.

Battery Command & 

Control

Thunder Power Air Vehicle Battery P/N Leptron 6S powers the

motor, and battery command and control.
9

Airspeed Limits Vne (Never Exceed Speed) 12 m/s

Vno (Maximum Structural Cruising Speed) 48 knots (25 m/s) 

Va (Maneuvering Speed) 12 m/s knots (25 m/s)

Landing Speed: VTOL – Vertical 1.5 M/s

Empty Weight C.G. 

Range

3-3.5 inches for or aft of datum

Datum Center of main rotor shaft

Mean Aerodynamic

Chord (MAC)

NA

Leveling Means Not Applicable.

Maximum Weights 14.52 KG (35 lbs)

Empty Weight 4.99 KG (11 lbs)

NOTE: Empty Weight Excludes weight of battery and 

payload modules.

Frequencies 902-928 MHz (ISM Band)

2.4 GHz (ISM Band)

NOTE: FCC license is not required to utilize the above 

frequencies; uplink and downlink are on the 900Mhz band. If 

video is utilized, uplink, downlink, and video are all on

2.4 Ghz.

Computer Software Avionics embedded processor – UTC Aerospace Cloud Cap 

Technologies

Minimum Crew (1) The Leptron [model] sUAS can be operated by a single operator

Number of Seats (0) Not Applicable

Fuel Capacity Not Applicable

Oil Capacity Not Applicable

Max. Operating Altitude 1,000 ft. AGL (304 M)

Control Surface

Movements MAIN ROTOR – VARIABLE PITCH +/-5

TAIL ROTOR – VARIABLE PITCH +12/-12°

Nominal Endurance 30 minutes above 32 °F (0 °C)

15 minutes below 32 °F (0 °C)

Ambient Outside Air

Temperature (OAT)

Maximum OAT: 120 °F (49 °C)

Minimum OAT At Altitude: 0°F

Wind Limitation 40 MPH

Maintenance This Leptron Avenger must be maintained in accordance with the

Leptron Inspection and Maintenance Manual, or later FAA 

accepted revision.

2. Proximity to Airports/Population Centers or Areas

Flight operations pursuant to this Petition will be tightly controlled and restricted to

low risk areas and in accordance with the blanket 200-foot COA requirements at an altitude of no 
10

more than 200 feet above ground level (AGL). In the event an HSE-UAV operation is required to 

exceed the 200-foot limitation imposed by the policy, a separate COA specific to the airspace 

required for that operation will be obtained prior to operations at an altitude of no more than 400 

feet AGL. All altitudes reported to ATC will be in AGL when required and any operations 

conducted within 5 nautical miles (NM) of the geographic center of a non-towered airport will 

obtain a Letter of Agreement with the appropriate airport management and made available to 

FAA upon request. In addition, access to any property will be limited to persons associated with 

and necessary to flight operations.

3. Visual Line-of-Sight

The minimum crew for each operation will consist of a PIC and VO. The VO will be 

used as an additional mitigation to satisfy the VLOS requirement, but the PIC will always 

maintain VLOS with the sUAS. The Leptron Avenger will at all times be flown by Petitioner

only in the daytime (not at night) under VMC, within VLOS of the PIC, with the further 

assistance of the VO with whom the PIC will have the ability for direct and continuous twoway verbal communications

6

so as to ensure that the flight operations remain within the PIC’s 

VLOS and prescribed flight boundaries and de-conflict with objects in the air and on the 

ground. Thus, pursuant to the FAA Order 8900.1 Volume 16, Chapter 1, Section 3, the 

proposed operations will provide an approved method of control and collision avoidance to 

satisfy the “see and avoid” requirement of 14 C.F.R. § 91.113:

Only qualified and current PIC’s and VOs, as provided in the SOP will be used.

4. Other Factors

a. Leptron Avenger Safety Systems 

Including as noted above, the Avenger sSUAS is replete with MechaniSafety Operations 

Procedures to ensure safe operations and protect persons and property on the ground. In addition 

to having an experienced operator/PIC and VO, the Avenger sSUAS has a variety of integrated 

safety systems, including: 

 Redundant Communications: The Avenger has two (2) simultaneous 

communications links that allow for backup and safe operations. This 

 

6

[PIC and VO are within speaking distance and all communications between PIC and VO will be 

without communications equipment]
11

includes a 2.4 GHz wireless hand held radio and a 900 MGhz laptop ground 

station link. Both links must be terminated to execute a ‘Lost 

Communication’ return home logic.

 Flight Plan Altitude Constraints: The Avenger has the ability for the 

operators to set Maximum and Minimum flight altitudes for a specific flight 

‘corridor’ for safe operations. 

 Flight Safety Logic: The Avenger has the ability for the operators to set 

safety return logic including: Exceeding a pre-set flight timer, Loss of GPS, 

Loss of Communications, Max and Min Altitude, and Low Voltage. The 

Avenger is also equipped with Geo-fencing logic, capable of restricting it 

within pre-programmable flight boundaries. This may be accomplished by 

setting permanent borders on the ground station or setting additional 

temporary files after the flight has begun. Additional features include 

fencing off buildings, trees, power lines, poles, etc.

 Ground Station Warnings: The Avenger Ground Station has many visual 

operator cues for error conditions such as low Relative Signal Strength 

Indicator (RSSI) strength, low battery, low RPM, low system parameters, 

and many other real time conditions. The system also offers color-coded 

‘Dashboard’ lights for the operator.

 Double Entry – The Avenger Ground Station has double entry response 

window for all in-flight parameter changes. This allows the user to not send 

incorrect information without two verification mouse clicks. 

b. Safety Management System

A Safety Management System (“SAFETY OPERATIONS PROCEDURES”) will

regulate Petitioner’s operation of the Avenger and will significantly contribute to maintaining

the level of safety contemplated by the airworthiness certificate requirements from which

Petitioner now seeks relief.

Pursuant to the SAFETY OPERATIONS PROCEDURES and 14 C.F.R. § 43.13, 

entitled Performance Rules (general), each person performing maintenance, alteration, or 

preventive maintenance on the Avenger, motor, propeller, or appliance shall use the methods,
12

techniques, and practices prescribed in the current manufacturer's Inspection and Maintenance

Manual or Instructions for Continued Airworthiness prepared by its manufacturer, or other

methods, techniques, and practices acceptable to the Administrator. Each person shall use the

tools, equipment, and test apparatus necessary to assure completion of the work in accordance

with accepted industry practices.

Petitioner proposes that requirements should take into account the characteristics of this

particular sUAS. The Leptron Avenger is characterized by a high degree of pre-programmed 

control, various built-in technical capabilities that limit the potential for operation outside of the 

operating conditions as set forth below, and many built-in functional, safety and redundancy 

features to ensure a safe and reliable operation. At a minimum: geo-fencing at a maximum 

ceiling of 200’or 400' AGL, flight programming capabilities, a flight termination link available to 

the operator to prevent a "fly away," and safe abort procedures. The Leptron Avenger will have 

markings identifying the serial number and identification (N-number) markings as large as 

practicable. Further, HSE-UAV operations will comply with all manufacturer Safety Bulletins. 

c. Flight Operation Limitations and Safety

To ensure consistent safety operations, Petitioner has developed a SOP Manual based 

upon procedures, notices and guidance the FAA has provided to obtain exemption under 

Section 333, (submitted on a proprietary and confidential basis to the FAA).

In seeking this exemption, Petitioner proposes to operate the Leptron Avenger pursuant to

the following specific operating limitations: 

1. The Leptron Avenger shall only be operated at or below 200 ft AGL, unless a 

separate COA specific to the airspace required for that operation is obtained prior to 

operations at an altitude of no more than 400 feet AGL.

2. The Leptron Avenger shall be operated within VLOS of the PIC and safety VO.

3. The Leptron Avenger shall be operated pursuant to Day Visual Flight Rules (VFR) 

in visual meteorological conditions (VMC). The Leptron Avenger shall be 

operated only during daylight hours (i.e. between the end of morning civil twilight 

and the beginning of evening civil twilight, as published in the American Air 

Almanac, converted to local time).

4. The radio frequencies used for operations and control of the UAS (2.4GHz) will 

comply with the Federal Communications Commission ("FCC") or other 

appropriate government oversight agency requirements.
13

5. The Leptron Avenger shall operate from on-site takeoff/landing locations directly 

next to the PIC and co-located VO. The PIC and the VO shall be able to verbally 

communicate during all operations. 

6. Operations shall be conducted by certificated airmen who possess either a 

commercial, private, recreational, or sport pilot certificate.

7. The PIC will be a FAA licensed airman and will hold a current airman medical 

certificate or valid U.S. driver’s license issued by a state, the District of Colombia, 

Puerto Rico, a territory, a possession, or the Federal government. The PIC will also 

meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which 

the PIC is rated on his or her pilot certificate. 

8. The PIC shall have successfully completed the training and qualification process as 

specified in the Leptron Avenger Pilot Training Guide. PIC qualification flight hours and 

currency will be logged in a manner consistent with 14 CFR § 61.51(b). Training 

operations will only be conducted during dedicated training sessions.

9. A minimum of three take-offs and three landings in the preceding 90 days will 

be required by the PIC to maintain currency, such log of which shall be made 

available to the Administrator upon request.

10. The PIC and VO will have been trained in the operation of sUAS generally and 

received up-to-date information on Leptron Avenger operations.

11. All operations will utilize a VO. The UA will be operated within the VLOS of the

PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as 

long as the PIC always maintains VLOS capability. The VO and PIC will be able

to communicate verbally at all times; electronic messaging or texting is not 

permitted during flight operations. The PIC will be designated before the flight and 

cannot transfer his or her designation for the duration of the flight. The PIC will 

ensure that the VO can perform the duties required of the VO.

12. The UA will be operated within visual line of sight (VLOS) of the PIC at all 

times. This requires the PIC to be able to use human vision unaided by any 

device other than corrective lenses, as specified on the PIC’s FAA-issued airman 

medical certificate or U.S. driver’s license.

13. If a pilot certificate holder other than the PIC, who possesses the necessary PIC 

qualifications, is also present during flight operations, that person can also be 
14

designated as PIC and will follow the procedures as defined within the SOP to 

assume control.

14. A briefing will be conducted in regard to the planned operations prior to each 

flight as detailed within the SOP. It will be mandatory that all personnel who are 

performing duties within the boundaries of the flight operations safety perimeter 

be present for the briefing.

15. Petitioner will obtain an Air Traffic Organization (ATO) issued COA prior to 

conducting any actual flight operations. HSE-UAV will only operate within the 

guidelines of the blanket 200-foot COA under the FAA’s interim policy. For 

flights above 200 feet AGL, HSE-UAV will operate in a confined geographic 

area as defined by a separate ATO issued COA.

16. At least three (3) days before scheduled operations, operator shall submit a written 

Plan of Activities to the local Flight Standards District Office (FSDO) with 

jurisdiction over the area of proposed operations, such submission of which may 

be waived with the concurrence of the FSDO. If required by the FSDO to be 

submitted, the Plan of Activities shall include: dates and times for all flights; 

operator’s and on-scene flight operator’s name and phone number; sUAS make, 

model and serial or N-number; PIC’s name and certificate number; statement that 

the operator has obtained permission from property owners and/or local officials to 

conduct the operations (such list of those who gave permission to be made 

available upon request); description of the planned flight activity, including, as 

applicable, maps or diagrams of the area, city, town, county and/or state over 

which the operation will be conducted, and the altitudes essential to accomplish 

the operation; signature of the exemption holder or representative. 

17. Petitioner will file a NOTAM for each flight no more than 72 hours but no less 

than 48 hours prior to each flight with the appropriate FSDO.

18. Any operations that will be conducted within 5 nautical miles (NM) of the 

geographic center of a non-towered airport will obtain a Letter of Agreement 

with the appropriate airport management and made available to FAA upon 

request.

19. Prior to flight operations, Petitioner shall coordinate 1 hour ahead of the proposed 

flight a communication with the nearest local Air Traffic Control facility 
15

indicating location, altitude and duration of the proposed flight.

20. 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 at least 12 hours in advance of any flight 

operation.

21. The Leptron Avenger shall be marked with an identification (N-Number) in 

accordance with 14 C.F.R. § 45.23, such markings to be as large as practicable 

pursuant to 14 C.F.R. § 45.29(f), and identified by a serial number registered in 

accordance with 14 C.F.R. Part 47.

22. All flights will remain clear and yield the right of way to all other manned 

operations and activities at all times, including, but not limited to: ultralight 

vehicles, parachute activities, parasailing activities, hang gliders, etc.

23. Flights will not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the 

PIC.

24. For the proposed flight operation, only one Leptron Avenger shall be airborne at 

any given time.

25. The Leptron Avenger shall only be operated at or below an airspeed of 24 knots. 

26. Prior to performing any flight operations, the PIC and VO shall have 

successfully completed a qualifying process, as provided in the SOP.

27. Any time the Leptron Avenger is operating, all documents required under 14 

C.F.R. § 91.9 and § 91.203 shall be available to the PIC at the GCS. Such 

documents shall be made available to the Administrator or any law enforcement 

official upon request. 

28. The Leptron Avenger shall not be operated directly over any person, except 

authorized and consenting personnel required for flight/imaging operations.

29. The Leptron Avenger shall at all times be operated to ensure a safe distance away 

from all participating and non-participating personnel, at least 500 feet away from 

persons not involved in the flight operations (non-participating persons) unless: 

 Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an accident. The operator 

must ensure that nonparticipating persons remain under such protection. If a 
16

situation arises where nonparticipating persons leave such protection and are 

within 500 feet of the UA, flight operations must cease immediately in a 

manner ensuring the safety of nonparticipating persons.

 The owner/controller of any vessels, vehicles or structures has granted 

permission for operating closer to those objects and the PIC has made a 

safety assessment of the risk of operating closer to those objects and 

determined that it does not present an undue hazard.

30. Prior to performing any flight operations, a pre-flight checklist will be used by a

qualified PIC as provided in the SOP. Documentation of such pre-flight check 

shall be made in the aircraft records and such records shall be made available to 

the Administrator upon request.

31. The flight will be terminated at 20% battery power reserve or 12 minutes, 

whichever occurs first.

32. Prior to each flight, the PIC shall inspect the Leptron Avenger, including any 

inoperable components, items or equipment, to ensure it is in an airworthy

condition for safe flight. If the inspection reveals a condition that affects flight 

readiness or safe operations, the Leptron Avenger shall not be operated until the 

necessary maintenance has been performed and it is found to be in a condition 

for safe flight. Any discrepancies and all maintenance or alterations shall be 

documented in the aircraft records, such records to be made available to the 

Administrator upon request.

33. Except as may be designated otherwise for Fail-Safe operations, the Leptron

Avenger shall take off and land at a location within the boundaries of the subject 

property next to the PIC.

34. Upon loss of communication or GPS signal, the Leptron Avenger shall return to 

a predetermined location within the boundaries of the landowner’s property and 

land or be recovered in accordance with the Operator’s Manual. 

35. In the event of an emergency or unanticipated obstacle to planned operations, 

the operation shall be aborted and the Leptron Avenger, if airborne, shall return 

to a predetermined location.

36. The Leptron Avenger shall be maintained in accordance with the manufacturer’s

recommended practices and in accordance with the HSE-UAV Maintenance 
17

Manual, including any amendments or updates thereto. All amendments or 

updates shall be tracked and a record of such amendments or updates shall be 

maintained and made available to the Administrator upon request.

37. HSE-UAV will follow the manufacturer’s aircraft/component, maintenance, 

overhaul, replacement, inspection and life limit requirements. 

38. All operations shall be conducted over private or controlled-access property 

with permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

39. Any incident, accident or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA shall be 

reported to the FAA’s UAS Integration Office within 24 hours. Accidents shall 

also be reported to the National Transportation Safety Board (NTSB). Further 

flight operations shall not be conducted until the incident, accident or 

transgression is reviewed by the UAS Integration Office and authorization to 

resume operations is provided.

d. Privacy 

Petitioner will comply with all federal, state, and/or local privacy regulations that may 

apply in the areas in which Petitioner will operate the LEPTRON AVENGER pursuant to this 

Petition. Further, Petitioner’s policy is to avoid operations that might invade personal privacy

in accordance with Petitioner’s privacy policy available to the administrator upon request. 

e. Physical Security

In order to ensure its safe and proper use, Petitioner will be the only operator of the 

Leptron Avenger and the Leptron Avenger will at all times remain in Petitioner’s custody.

5. .Lack of Threat to the NAS, Public, or National Security 

For the reasons previously addressed, including meeting Section 333(b)(1) criteria, 

Petitioner’s record of safety and the small size of the sUAS involved and the controlled sterile 

area within which they will operate, Petitioner falls squarely within that zone of safety (an 

equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, 

allow commercial operations of sUASs to commence immediately. Petitioner will operate the 

Leptron Avenger in accordance with the aforementioned flight limitations without creating a

hazard to other aircraft or persons or property on the ground. The fact that each PIC will be 
18

required to be screened by the Department of Homeland Security, approval of the petition presents no 

threat to national security. Further, given its small size and limit load capacity, the Leptron 

Avenger sUAS is incapable of carrying any substantial external load, including explosive 

materials or flammable liquids. 

For all of these reasons, Petitioner’s proposed operations using the Leptron Avenger qualify 

for expedited approval of the sought exemption pursuant to Section 333 for the specified uses 

and under the proposed operating requirements and restrictions.

H. Public Interest Benefits 

Granting Petitioner’s request for exemption would benefit the public and have no adverse effect 

on safety for the following reasons. 

1. Public Interest Generally

The grant of the requested exemption is in the public interest based on the clear 

direction in Section 333 and 49 U.S.C. § 44701(f), the equivalent and enhanced level of 

safety of the proposed operations, the significant public benefit, and cost savings to be 

realized as a result of the use of sUAS for precision aerial imaging and survey services. 

Moreover, the FAA has granted similar exemptions for sUAS used to conduct high 

resolution aerial imaging, surveying, flight demonstration, and training operations.

7 The

Leptron Avenger is a battery powered sUAS that serves as a safer, more efficient, and 

economical alternative to larger and heavier manned aircraft carrying flammable liquid fuels,

traditionally used for aerial imaging and surveying. This will provide for an added superior level 

of safety to persons and property in the air and on the ground than that provided by manned 

aircraft performing the same operations. No pilot or crew need be airborne and granting the 

exemption would also decrease the number of manned aircraft in the NAS and, as a result, reduce 

congestion as well as the environmental impact of such operations. Using the Leptron Avenger

also provides the benefit of greater operational flexibility and reduced cost when compared to

manned aircraft.

a. Increased Aircrew Safety and Reduced Risk to Persons/Property On Ground

Because the Leptron Avenger is unmanned, the proposed operations eliminate the risk to 

 

7 HSE-UAV requests that the FAA not solicit public comment on its petition because it would not

set any new precedent and because the relief requested is identical to exemptions granted

previously. 14 C.F.R. § 11.87.
19

pilot and crew associated with flying such aerial-surveying missions in confined airspace at low 

altitude. Further, given its small size and weight and low airspeed, using the Leptron Avenger also 

reduces the risk of damage or injury to persons or property on the ground, and in the air, were there to 

be an unforeseen mishap. 

b. Reduced Environmental Impact

Using the Leptron Avenger sUAS instead of manned aircraft also benefits the public by 

eliminating or greatly reducing air and noise pollution associated with traditional aerial imaging 

operations. Because it is battery powered and uses electric motors, the Leptron Avenger sUAS

consumes no fuel, generates no air pollution, and creates very little noise. As a result, the public is 

benefited as a result of reduced environmental impact, reduced operator and other human 

exposure, and greater fuel conservation, which serves additionally to support our Government’s 

specific efforts to reduce the U.S.’s carbon footprint.8

c. Fewer Manned Aircraft in the NAS and Reduced Need for ATC Handling

The HSE-UAV Leptron Avenger also does not require a runway or helipad to takeoff or 

land and will not be operated within the close proximity of any airports without prior FAA 

approval. As such, fewer aircraft will need to be handled by air traffic control during ground, 

takeoff, departure, arrival, and landing phases. Operations pursuant to this Petition will further 

reduce the number of manned aircraft flying or transiting at or above 500’ AGL to and from the 

areas of imaging operations as well as congestion around airports due to aircraft arrival and

departure.

d. Superior Aerial Imagery and Increased Benefit to U.S. Economy

Better aerial footage can also be obtained using the small and nimble Leptron Avenger than 

can be obtained using manned aircraft or other ground-based methods. Due to its small size and 

superior flight performance characteristics, the Leptron Avenger allows for images to be taken from 

certain locations and angles and with better precision than using manned aircraft. As a result, less 

time is needed in the air to obtain the desired footage, which in addition to providing the benefit of 

fewer aircraft in the NAS and associated reduced risk to objects and persons and property in the air 

and on the ground, reduced noise, etc., allows for the production of surveys, which benefits

consumers. This additionally ensures that companies such as HSE-UAV and its customers remain 

competitive and profitable, thereby providing their employees greater job stability, which 

 

8 Reducing the U.S.’s carbon footprint is a high priority and consistent with the U.S. Environmental

Protection Agency’s regulatory efforts to phase out the use of fossil fuels. 
20

ultimately contributes further to the U.S. economy through increased consumer spending. 

e. Increased Operational Flexibility and Reduced Cost

Using the Leptron Avenger also provides the benefit of greater operational flexibility and 

reduced cost when compared to manned aircraft. Instead of each time having to hire a manned 

aircraft at thousands of dollars/hour, subject to the pilot’s schedule and availability, Petitioner

can operate the Leptron Avenger, which it has purchased and outfitted at lower combined cost, 

innumerable times and at the convenience of Petitioner’s and its customer’s schedules.

2. No Adverse Safety Effects

Granting this Petition will also not adversely affect aviation safety or pose any undue 

risks to the public. The operations pursuant to this Petition will be in accordance with 

Petitioner’s internal SOP, including approved processes and checklists and in compliance with

all applicable FAA safety policies and guidance. Accordingly, and as detailed herein, 

granting the requested exemption would not adversely affect safety. Indeed, as detailed below, 

operations pursuant to the limitations and guidelines addressed herein and the safety 

procedures, Petitioner will provide an equivalent level of safety to those regulations from 

which Petitioner seeks exemption. The FAA has also recently set precedence by granting 

exemptions with similar aerial imaging and surveying parameters in all material respects, to

those presented herein. For these reasons HSE-UAV’s operations pursuant to this Petition also 

qualify for an exemption. 

I. Exemptions Sought By Petitioner and Reasons for the Requested Relief

Pursuant to Section 333, Petitioner seeks an exemption from the requirements of 14 

C.F.R. §§ 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121, 91.151(b), 91.405(a), 

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

1. Section 45.27(a). Location of marks; non fixed-wing aircraft.

Section 45.27, entitled Location of marks; nonfixed-wing aircraft, subsection (a) states 

(emphasis added):

(a) Rotorcraft. Each operator of a rotorcraft must display on that rotorcraft 

horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks 

required by § 45.23.

To the extent subsection 45.27(a) may be deemed to apply to the Leptron Avenger

sUAS, Petitioner seeks an exemption from the subsection (i.e., that the marks be displayed on 

both surfaces of the cabin, fuselage, boom, or tail) because the Leptron Avenger sUAS is of 
21

insufficient size to accommodate any such marking. Thus marking the Leptron Avenger sUAS

as required by this subsection would not be possible.

An equivalent level of safety can be provided instead by marking the Leptron Avenger

sUAS, as may be applicable, with lettering as large as practicable (14 C.F.R. § 45.29(f)) on its 

largest available surface so as to permit such marking to be displayed to pilot, crew, and 

others both when the Leptron Avenger sUAS is on the ground and airborne.

2. Section 61.113(a) and (b). Private pilot privileges and limitations: Pilot in 

command.

Petitioner seeks an exemption from 14 C.F.R. 61.113(a) and (b). Section 61.113, entitled

Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) state 

(emphasis added):

(a) Except as provided in paragraphs (b) through (h) of this section, no person who 

holds a private pilot certificate may act as pilot in command of an aircraft that is 

carrying passengers or property for compensation or hire; nor may that person, 

for compensation or hire, act as pilot in command of an aircraft.

(b) A private pilot may, for compensation or hire, act as pilot in command of an 

aircraft in connection with any business or employment if:

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or 

hire.

In general, subsections 61.113 (a) and (b) prohibit a private pilot from conducting 

commercial operations. Petitioner seeks exemption from the subsections because the Leptron 

Avenger will not carry a pilot, passengers or property (other than a camera). As addressed, the 

Leptron Avenger is a very light, remotely controlled sUAS with no persons or property on board. 

The area of operations is generally remote or sparsely populated. Each flight is planned and

fully coordinated in advance in accordance with those procedures provided in the SOP. Thus 

the risk associated with the proposed operations is so diminished from that associated with

commercial operations contemplated by Part 61, that allowing a P IC having a private pilot 

certificate, a recreational certificate, or a sport pilot certificate, rather than a commercial 

certificate, met the minimum flight hour and qualification criteria, and operating according to 

the limitations and guidelines provided herein, provides a level of safety that exceeds that

provided by a pilot having a commercial certificate operating a conventional aircraft as required 
22

under the regulations.

The FAA has already set precedence by previously granted exemptions in circumstances

similar, in all material respects, to those presented herein. 

3. Section 91.7(a). Civil Aircraft Airworthiness.

Either finding that Petitioner meets the Section 333 criteria or exemption from the 

airworthiness certification requirement under 14 C.F.R. Part 21 renders subsection 91.7(a) 

inapplicable. 

Section 91.7, entitled Civil aircraft airworthiness, subsection (a) states (emphasis added):

“No person may operate a civil aircraft unless it is in an airworthy condition.” There is no FAA 

standard by which such a determination of airworthiness can be made. Nonetheless, given the

limitations and procedures, as contained herein, the Safety Procedures contained within the the 

SOP, and the Maintenance Manual, for maintaining the aircraft and checking it before each 

flight to ensure that it is in peak operational condition, an equivalent level of safety will be

provided.

4. Section 91.105. Flight crewmembers at stations.

Petitioner seeks an exemption from 14 C.F.R. 91.105. Section 91.105, entitled Flight 

crewmembers at stations, states (emphasis added):

(a) During takeoff and landing, and while en route, each required flight 

crewmember shall—

(1) Be at the crewmember station unless the absence is necessary to 

perform duties in connection with the operation of the aircraft or in 

connection with physiological needs; and

(2) Keep the safety belt fastened while at the crewmember station.

(b) Each required flight crewmember of a U.S.-registered civil aircraft shall, 

during takeoff and landing, keep his or her shoulder harness fastened while at his 

or her assigned duty station. This paragraph does not apply if—

(1) The seat at the crewmember's station is not equipped with a shoulder 

harness; or,

(2) The crewmember would be unable to perform required duties with the 

shoulder harness fastened.

In general, Section 91.105 requires pilot and crew to be at their duty stations and 
23

harnessed during flight. Petitioner seeks exemption from the Section 91.105 because the Leptron 

Avenger sUAS is by definition an unmanned aircraft, having neither pilot nor crew so as to be 

stationed or harnessed as required by the regulation. An equivalent or even higher level of safety

can be provided instead by using an unmanned aircraft controlled by a PIC who at all times is 

located at and controls the Leptron Avenger from the GCS. 

5. Section 91.119(c). Minimum safe altitudes.

Petitioner seeks an exemption from 14 C.F.R. 91.119(c). Section 91.119, entitled Minimum 

safe altitudes: General, subsection (d) states (emphasis added):

Except when necessary for takeoff or landing, no person may operate an aircraft 

below the following altitudes:

(c) Over other than congested areas. 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.

Section 91.119(c) establishes safe altitudes for operation of civil aircraft over other than 

congested areas. Petitioner seeks exemption from subsection 91.119(c) because, pursuant to this 

Petition, the Leptron Avenger sUAS will at times be operated at or below 200 or 400 feet AGL in 

accordance with the COA requirements.

An equivalent or even higher level of safety can be provided instead by, as provided 

herein, operating so as to de-conflict with manned vehicles operating above 500 feet AGL, within

the VLOS of the PIC with the assistance of a VO so as to ensure the safety of and de-confliction 

with any persons or property in the air and on the ground, including participating and nonparticipating personnel, 100 feet and 500 feet, respectively, away from who the UA would 

generally be restricted. Further the Leptron Avenger sUAS flight operations will be monitored

at all times by both the PIC and VO and will be in compliance with local public safety

requirements, so as to prevent access to the restricted areas of operation. 

The FAA has set precedence by previously granted exemptions in circumstances similar,

in all material respects, to those presented herein.

6. Section 91.121. Altimeter settings.

Petitioner seeks an exemption from 14 C.F.R. 91.121. Section 91.121, entitled Altimeter 

settings, requires each person operating an aircraft to maintain cruising altitude by reference to 
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an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter 

setting available before departure.” Petitioner seeks exemption from Section 91.121 because the 

Leptron Avenger sUAS does not use or have on board a typical barometric altimeter as 

contemplated by the regulation. 

Note: An equivalent level of safety will be provided instead, by operating the sUAS at 

or below 400 feet AGL, within the VLOS of the PIC (with the assistance of a VO), with altitude 

information downlinked from the Leptron Avenger to the PIC to maintain altitude and ensure 

safety. Prior to each flight, a zero altitude/AGL will be established at the launch site, as 

confirmed for accuracy by the PIC. 

7. Section 91.151(b). Fuel requirements for flight in VFR conditions.

Petitioner seeks an exemption from 14 C.F.R. 91.151(b). Section 91.151(b), entitled Fuel 

requirements for flight in VFR conditions, states (emphasis added):

(b) No person may begin a flight in a rotorcraft 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, to fly 

after that for at least 20 minutes.

The Leptron Avenger is an unmanned aircraft, and thus would not begin a flight with a 

person in it as the regulation contemplates. To the extent the regulation applies to the Leptron 

Avenger, the LEPTRON AVENGER has a maximum flight duration of 20-60 minutes, 

depending upon atmospheric conditions and type of camera or sensor. 

An equivalent level of safety can be achieved by terminating the flight at 20% battery 

power reserve or 12 minutes whichever occurs first. Given that the Leptron Avenger will be 

operated within the VLOS of the PIC, within the confines of the particular landowner’s property 

with prior written consent of the landowner and participating and non-participating personnel, 

this restriction would provide more than enough battery reserve to accommodate a safe return to 

the landing zone from anywhere in the operating area with no adverse effect on the safety of 

persons and property in the air or on the ground. 

The FAA has set precedence by previously granted exemptions in circumstances similar,

in all material respects, to those presented herein. 

8. Sections 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a) and (b). Maintenance 

inspections and recording.
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Section 91.405(a), entitled Maintenance required, states:

Each owner or operator of an aircraft—

(a) 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;

Section 91.407(a)(1), entitled Operation after maintenance, preventive maintenance, rebuilding, 

or alteration, states:

(a) No person may operate any aircraft that has undergone maintenance, 

preventive maintenance, rebuilding, or alteration unless—

(1) It has been approved for return to service by a person authorized under 

§ 43.7 of this chapter;

Section 91.409 (a)(2), entitled Inspections, states:

(a) Except as provided in paragraph (c) of this section, no person may operate an 

aircraft unless, within the preceding 12 calendar months, it has had—

(1) An annual inspection in accordance with part 43 of this chapter and 

has been approved for return to service by a person authorized by § 43.7

of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in 

accordance with part 21 of this chapter.

No inspection performed under paragraph (b) of this section may be substituted 

for any inspection required by this paragraph unless it is performed by a person 

authorized to perform annual inspections and is entered as an “annual” inspection 

in the required maintenance records.

Section 91.417(a) and (b), entitled Maintenance records, state:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each 

registered owner or operator shall keep the following records for the periods 

specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and 

records of the 100-hour, annual, progressive, and other required or approved 

inspections, as appropriate, for each aircraft (including the airframe) and each 

engine, propeller, rotor, and appliance of an aircraft. The records must include—
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(i) A description (or reference to data acceptable to the Administrator) of 

the work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the 

aircraft for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, 

and each rotor.

(ii) The current status of life-limited parts of each airframe, engine, 

propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which 

are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since 

the last inspection required by the inspection program under which the 

aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and 

safety directives including, for each, the method of compliance, the AD or 

safety directive number and revision date. If the AD or safety directive 

involves recurring action, the time and date when the next action is 

required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each 

major alteration to the airframe and currently installed engines, rotors, 

propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods 

prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until 

the work is repeated or superseded by other work or for 1 year after the work is 

performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and 

transferred with the aircraft at the time the aircraft is sold.
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(3) A list of defects furnished to a registered owner or operator under § 43.11 of 

this chapter shall be retained until the defects are repaired and the aircraft is 

approved for return to service.

In general, these regulations require that an airworthy certificated aircraft be inspected as

prescribed in 14 C.F.R. Part 91, Subpart E (Maintenance, Preventive Maintenance, and 

Alterations), any discrepancies be repaired and the aircraft be approved for return to service as

prescribed in Part 43 (Maintenance, Preventive Maintenance, Rebuilding, and Alterations) and 

that any work on the aircraft be recorded and such records maintained. 

Petitioner seeks an exemption because, as addressed, the Leptron Avenger sUAS will 

operate pursuant to this Petition without airworthiness certification. An equivalent level of 

safety can be provided instead by requiring, as provided herein, that inspections and 

maintenance be accomplished according to the inspection, maintenance, and preflight sections 

of the Maintenance Manual and SOP, and IAW the manufacturer’s guidance in the Leptron 

Avenger Operator’s Manual. Among other things, the Leptron Avenger will be inspected prior 

to each flight to confirm that it is in good working order. Any maintenance or repairs will be 

perform and logged, and, upon any work being performed on the Leptron Avenger, it will be 

checked and approved for flight by personnel before being returned to service. 

The FAA has set precedence by previously granted exemptions in circumstances similar, 

in all material respects, to those presented herein. 

J. Conclusion

As set forth in the document above, the following summary is provided for publication 

in the Federal Register. Petitioner seeks an exemption pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012, 49 U.S.C. § 44701(f), and 14 C.F.R. Part 11 to permit 

safe operation of the Leptron Avenger sUAS commercially, for controlled, low-risk, aerial 

mapping, surveying, product demonstration flights for potential customers, product training for 

potential customers, research and development, and pipeline inspection. By granting this 

Petition, the FAA Administrator will be fulfilling the Congressional mandate of Section 333 of 

the FAA Modernization and Reform Act of 2012 to expedite approval of operations of certain 

sUAS in the NAS, while also advancing the interests of the public.

WHEREFORE, in accordance with the Title 49 of the United States Code, the Code of 

Federal Regulations, and the FAA Modernization and Reform Act of 2012, Section 333, 

Petitioner respectfully requests that the Administrator grant this Petition for an exemption from 
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the requirements of 14 C.F.R. §§ 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 

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

cc: David Sanders, Homeland Surveillance & Electronics, LLC