Petition of Argus Rising, LLC

For Exemption Pursuant to Section 333, of the FAA Modernization and Reform Act of 2012

Dated - August 10, 2015

To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR

Part 11, Argus Rising, LLC, (Argus) hereby applies for an exemption from FAA Regulations 

identified below, to allow commercial operations of “Small Unmanned Aerial Systems” herein 

referred to as (sUAS). 

The Argus exemption request is in accordance with protocols outlined in this petition for 

exemption, and any other requirements established by the FAA pursuant to Section 333 of the 

Reform Act. This exemption would permit commercial operation by Argus, which uses Yuneec 

Q500 Typhoons, DJI Phantoms and Inspires to conduct sUAS flight training and Aerial 

Photography services such as real estate photography and video. Argus’s operation under the 

exemption will be subject to strict operating requirements and conditions to ensure an 

equivalent level of safety to currently authorized operations using manned aircraft and under 

conditions as may be modified by the FAA as required by Section 333.

Argus will be operated under controlled VFR conditions at low altitude in airspace that is

permitted in accordance with Argus’s approved Certificate of Authorization (COA). Argus will

operate the sUAS’s with pilots who have comprehensive UAV / sUAS / Drone flight training for

competency and new FAA 333 and Part 107 commercial compliance requirements. Finally, the

FAA ATC will approve the airspace in which the sUAS will operate.

Argus Rising, LLC respectfully submits this request for an exemption, Argus will operate the 

sUAS’s in a safe controlled environment. Approval of this exemption will fulfill the Secretary of 

Transportation’s (the FAA Administrator’s) responsibilities under FAA Section 333(c) of the 

Reform Act to “establish requirements for the safe operation of such aircraft systems in the 

national airspace system.”

For your convenience, Argus has organized this Exemption request as follows:

I. Petitioner's Description

II. Relevant Statutory Authority

III. Qualifications for Approval Under Section 333 of the Reform Act

IV. Description of Proposed Operations

V. Regulations From Which Exemption is Requested

VI. Public Interest

VII. Privacy

VIII. Federal Registry Summary

IX. Conclusion
I. Petitioner's Description:

Argus Rising, LLC is headquarters in Fort Worth, Texas, we provide sUAS training and general 

aerial photography and video services such as real estate photography and video. 

Our training flights are conducted at AMA approved fields in a compliance with AMA safety 

regulations. 

ARGUS will be providing a range of services as the sUAS market matures. Argus's goal is to 

operate in a safe and accident-free environment by consistently demonstrating a commitment 

by management and all employee’s to operate in a controlled and safe manner. Argus will take 

care to recognize risk in advance and mitigate those risk for each and every flight, Argus will 

report when unsafe work practices appear to exist and Argus will assure that all employees 

involved in flight will operate the sUAS at the highest of safety standards. 

The contact information for Petitioner is as follows:

Argus Rising, LLC

PO Box 1928

Burleson, TX

Member Manager:

Allen Scott Beach

Office: (817) 675-0212

Fax (972)-947-3819

Email: allen@argusrising.com

II. Relevant Statutory Authority:

This petition for exemption is submitted to fulfill Congress' goal in passing Section 333(a)

through (c) of the Reform Act. Congress has directed the FAA "to safely accelerate the

integration of civil unmanned aircraft systems into the national airspace system." Pursuant to

Section 333 of the Reform Act, the FAA Administrator is to consider whether certain unmanned

aircraft systems may operate safely in the National Airspace ("NAS") before completion of the

formal sUAS rulemaking, based on the following considerations:

• The sUAS's size, weight, speed, and operational capability;

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

• Operation of the sUAS within the visual line of sight of the operator.1

If 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".
Additionally, the FAA Administrator has general authority to grant exemptions from its safety

regulations and minimum standards when the Administrator decides a requested exemption is

in the public interest. A party requesting an exemption must explain the reasons why the

exemption: (1) would benefit the public as a whole, and (2) would not Adversely affect safety

(or how it would provide a level of safety at least equal to the existing rules).

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under

40101 of the Act, from the requirement that all civil aircraft must have a current airworthiness

certificate and those regulations requiring commercial pilots to operate aircraft in commercial

service:

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.

III. Qualifications for Approval Under Section 333 of the Reform Act

The proposed operations in this petition for exemption qualify for expedited approval under

Section 333 of the Reform Act. Each of the statutory criteria and other relevant factors are

satisfied. The proposed operations would permit Argus the use of sUAS under controlled 

conditions in airspace that is: (1) predetermined; (2) controlled as to access; and that (3) 

provides an increased level of safety beyond that existing when fixed or rotor wing aircraft are 

used to accomplish the same purpose.

Argus uses sUASs that are multirotor, weighing less than 25 pounds including payload. They

operate, under normal conditions, at speeds not to exceed 45 mph and have the capability to

hover, and move in the vertical and horizontal plane. Argus’s sUASs will operate in line of sight,

during daylight hours, and will only operate within a sterile area. Argus will operate at or below

400 feet AGL and will file a NOTAM for each flight operated in controlled airspace. 

Argus’s submission places a duty on the Administrator to not only process applications for 

exemptions under Section 333, but for the Administrator, if he deems the conditions proposed 

herein require modification in order to allow approval, to supply conditions for the safe 

operation of the sUAS. Argus welcomes the opportunity to consult with FAA staff in order to 

address any issues or concerns that this proposal may raise that they believe may require 

modification.
Required permissions and permits would be obtained from territorial, state, county or city 

jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies 

prior to operating a sUAS. Given the small size of the sUAS’s involved and the restricted sterile 

environment within which they will operate, this exemption falls within the zone of safety and 

demonstrates an equivalent level of safety, in which Congress desired the FAA to permit 

commercial sUAS operations by exemption pending completion of formal rulemaking. Also, due 

to the size of the sUAS’s and the confined area in which the sUAS’s will operate, approval of the 

application presents no hazard in the NAS.

Considering the clear direction in Section 333 of the Reform Act, the authority contained in the

Federal Aviation Act, as amended, the equivalent level of safety surrounding the proposed

operations, and the significant public benefit, the grant of the requested exemptions is also in

the public interest.

III. Description of Proposed Operations

To assist the FAA in its safety assessment of Argus's proposed sUAS operations, below is a

summary of operational limitations and conditions that will ensure an equivalent or higher level

of safety to operations conducted under current regulatory guidelines:

1. Argus sUAS will weigh less than 25 pounds including payload.

2. Flights will be operated within line of sight of the Pilot and observer.

3. Maximum total flight time for each operational flight will be limited to the amount of

time the sUAS can be flown and still maintain a reserve battery power of at least 25%.

4. Flights will be operated at an altitude of no more than 400 feet AGL.

5. Flights will be operated at a lateral distance of at least 100 feet from any inhabited

structures, buildings, vehicles, vessels, people not associated with the operation or who

have not signed a waiver in Advance of the operation.

6. Minimum crew for each operation will consist of the sUAS Pilot in Command and a

Visual Observer. Additional crewmembers consist of a Pilot and a Camera Operator.

7. The sUAS Pilot in Command will have undergone comprehensive UAV / SUAS / Drone

flight training for competency and new FAA 333 and Part 107 commercial compliance

requirements.

8. Argus will designate a Pilot in Command ("PIC") for each mission.

9. The sUAS will operate only within a confined "Sterile Area".

10. Prior to the operations at a particular location, a site inspection will have been

conducted. On the day of the mission the management person with operational control

and the PIC will concur on dispatching of the mission.

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

day's missions. It will be mandatory that all personnel who will be performing duties

within the boundaries of the sterile area be present for this briefing.

12. ARGUS crew will use the checklist and callouts required in the Operations Manual.

13. All sUAS’s will be maintained in accordance with inspection program specified in the

manufacturer’s guidelines.
14. In the event of an accident involving an ARGUS sUAS, they will cease operations and report

the accident to the NTSB and AFS-80.

15. Pilot in Command and Visual Observer will at all times be able to communicate by voice.

16. Pilot in Command, Pilot, Camera Operator, Visual Observer, and Operational Personnel

will have been trained and tested in accordance to FAA, NTSB, and AFS-80 best practices.

17. All required permissions and permits would be obtained from territorial, state, county

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

governmental agencies.

18. ARGUS management will submit a written “Plan of Activities” to the local Flight Standards

District Office (FSDO) having jurisdiction over the area of proposed filming three days in

Advance of operations. 

19. If the sUAS loses communications signal, the sUAS will have the capability to return to a

pre-determined location within the Sterile Area and land.

20. Contingency plans will be in place to safely terminate flight if there is a loss of

communication between the pilot and the observer.

21. The sUAS has the capability to abort a flight in case of unpredicted obstacles or

emergencies.

22. Argus, by following FAA, NTSB, and AFS-80 best practices, will assure individual

privacy is not violated.

IV. Regulations From Which Exemption is Requested

A. 14 CFR § 91.103: Preflight Action

B. 14 CFR § 91.113: Right-of-Way Rules

C. 14 CFR § 91.119 (c): Minimum Safe Altitudes

D. 14 CFR § 91.121: Altimeter Settings

E. 14 CFR § 91.151(b): Fuel Requirements for Flight in VFR Conditions

F. 14 CFR § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b):

Maintenance Inspections
A. 14 CFR § 91.103: Preflight Action

ARGUS requests an exemption from the preflight actions requirements of 14 CFR 91.113 that

prescribes the preflight actions under which aircraft may operate:

Each pilot in command shall, before beginning a flight, become familiar with all available

information concerning that flight.

a. Flight under IFR or a flight not in the vicinity of an airport, weather reports and 

forecasts, fuel requirements, alternatives available if the planned flight cannot be 

completed, and any known traffic delays of which the pilot in command has been 

advised by ATC. 

b. For any flight, runway lengths at airports of intended use, and the following takeoff and 

landing distance information: and i For civil aircraft for which an approved Airplane or 

Rotorcraft Flight Manual containing takeoff and landing distance data is required, the 

takeoff and landing distance data contained therein;

c. and ii. For civil aircraft other than those specified in paragraph (b)(1) of this section, 

other reliable information appropriate to the aircraft, relating to aircraft performance 

under expected values of airport elevation and runway slope, aircraft gross weight, and 

wind and temperature.

Argus will not operate sUAS’s under IFR conditions or when the ceilings are below 1000 feet 

and the visibility is below 3 statute miles. DJI’s sUAS’s do not have published approved Airplane 

or Rotorcraft Flight Manual containing takeoff and landing distance data.

Equivalent Level of Safety

In adherence to FAA, NTSB, and AFS-80 best practices, the PIC along with the person having

operational control must follow to assure that the weather will be adequate to complete the

mission in VFR condition. Since ARGUS operates in California where the density altitude is never

usually above 2000 feet, SUAS performance is not affected. When ARGUS is allowed to operate 

in other parts of the United States the SUAS used in those locations will be test flown at gross

weight to test performance limitations prior to conducting commercial operations.

B. 14 CFR 91.113: Right-of-Way Rules

Argus request an exemption from 14 CFR 91.113 Right-of-way rules, requiring vigilance by each

person operating an aircraft so as to see and avoid other aircraft. When a rule of this section

gives another aircraft the right-of-way, the pilot shall give way to that aircraft and may not pass

over, under, or ahead of it unless well clear. Argus Rising, LLC Drone Videography operates 

small pilotless sUAS’s and cannot comply with these rules as they have been written.
Equivalent Level of Safety

ARGUS operates sUAS’s at or below an altitude of 400 feet AGL, well below the normal 

operating altitude of other aircraft. ARGUS management require that a Pilot in Command with 

experience will oversee each mission and has knowledge of the avoid rules. A Visual Observer 

will assist the PIC in looking for aircraft entering the operations area. It’s the responsibility of 

the PIC to cease operations and land the SUAS immediately whenever and aircraft comes into 

the vicinity creating a potential threat. Operations cannot recommence until the threat is clear.

C. 14 CFR. § 91.119: Minimum Safe Altitudes

Argus requests an exemption from the minimum safe altitude requirements of 14 CFR 91.119

that prescribes the minimum safe altitudes under which aircraft may operate:

• Over any congested area of a city, town, or settlement, or over any open air assembly of

persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius

of 2,000 feet of the aircraft.

• Over other than congested areas at 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 (d) allows for a helicopter to operate at less than those minimum altitudes when

it can be operated "without hazard to persons or property on the surface," provided that "each

person operating the helicopter complies with any routes or altitudes specifically prescribed for

helicopters by the FAA."

To provide the intended operations, the sUAS is normally operated below 400 feet AGL.

Additionally, due to the nature of the proposed operations, the sUAS will maintain a lateral

distance of at least 100 feet from inhabited structures, buildings, vehicles, and vessels, and

from people not associated with the operation.

Equivalent Level of Safety

Compared to flight normal aircraft, ARGUS’s multi-rotor aircraft weigh a maximum of 25 

pounds, and given the lack of flammable fuel, any risk associated with these operations is far 

less than those that presently exist with conventional aircraft. An equivalent level of safety will 

be achieved given the size, weight, and speed of the SUAS, as well as the location where it is

operated. As set forth in the FAA, NTSB, and AFS-80 best practices, the sUAS will be operated in

a sterile area, where buildings and people will not be exposed to operations without their preobtained consent. Because of the Advance notice to the property owners and participants, all

affected individuals will be well aware of the planned flight operations prior to commencement

of operations. Furthermore, by operating at such lower altitudes, the sUAS will not interfere 

with aircraft that are subject to the minimum safe altitude regulations. Finally, the successful 

safety record of the DJI sUAS’s demonstrates that the sUAS can be safely used at these lower 

altitudes and closer operating environments.
D. 14 C.F.R. 91.121: Altimeter Settings

Argus seeks an exemption from 14 CFR 91.121, which requires a person operating an aircraft to

maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation

of the departure airport or barometric pressure. An exemption is required because the sUAS

does not have a barometric altimeter, but rather a GPS altitude read out.

Equivalent Level of Safety

An equivalent level of safety will be achieved by following the procedures set forth in the FAA,

NTSB, and AFS-80 best practices. ARGUS will confirm the altitude of the launch site shown on 

the GPS altitude indicator before flight. Moreover, the PIC will use the GPS altitude indicator to

constantly monitor the sUAS's height, thus ensuring operation at safe altitudes.

E. 14 CFR 91.151(a): Fuel Requirements for Flight in VFR Conditions

Argus requests an exemption from 14 CFR § 91.151(a)'s fuel requirements for flight in VFR

conditions. Section 91.151 states:

a. No person may begin 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 –

i. During the day, to fly after that for at least 25 minutes; or

ii. At night, to fly after that for at least 45 minutes.

The batteries powering Argus’s sUAS’s provide approximately 10-25 minutes of powered flight. 

To meet the 30 minutes reserve requirement in 14 CFR 91.151, sUAS flights could not be

conducted. Given the limitations on the sUAS's proposed flight area and the location of its

proposed operations within a predetermined area, a safety margin based on a reserve amount

of battery life is needed. ARGUS will not be conducting any sUAS flights at night.

Equivalent Level of Safety

An equivalent level of safety will be achieved because the operations will be conducted on-site

without significant transit time by the sUAS. All flights will be planned to terminate with no less

than 25% reserve battery power still available. This restriction would be more than adequate to

return the sUAS safely to its planned landing zone from anywhere in its confined area of

operation even in the event of an unexpected occurrence. Operation of the sUAS with less than

30 minutes of reserve fuel does not include the type of risks that Section 91.151(a) was

intended to alleviate given the size and speed of the small SUAS, and the proximity of the flight

operation to the landing zone. Moreover, operation will be limited to controlled areas where

only people and property owners, or official representatives who have signed waivers will be

allowed.
F. 14 CFR § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): Maintenance

Inspections

Argus also seeks an exemption from the maintenance inspection requirements contained in 14

CFR 91.405(a), 91.407(a) (1), 91.409(a) (2), 91.417(a) and (b). These regulations specify

maintenance and inspection standards in reference to 14 CFR Part 43. 14 CFR 91.405(a) (stating

that each owner or operator of an aircraft "shall have the aircraft inspected as prescribed in

subpart E of this part and shall between required inspections ...have discrepancies repaired as

prescribed in part 43 of this chapter"). An exemption to these regulations is needed because

Part 43 and these sections only apply to aircraft with an airworthiness certificate, which the

sUAS will not have.

Equivalent Level of Safety

An equivalent level of safety will be achieved because maintenance and inspections will be

performed in accordance with FAA, NTSB, and AFS-80 best practices. The operator will ensure

that the sUAS is in working order prior to initiating flight, perform required maintenance, and

keep a log of any maintenance performed. The operator is the person most familiar with the

aircraft and best suited to maintain the aircraft in an airworthy condition to provide the

equivalent level of safety. If mechanical issues arise, the sUAS's size and carrying capacity, and 

the fact that flight operations will only take place in restricted areas for limited periods of time 

during daylight hours, creates less risk than that associated with conventional rotorcraft 

performing the same operation.

V. PUBLIC INTEREST

Granting Argus Rising, LLC an exemption furthers the public interest. National policy set by 

Congress favors early integration of sUAS into the national airspace in controlled,

safe working environments such as those propose in this petition. The one vision of ARGUS is to

help facilitate safe integration of sUAS’s into mainstream USA in the following areas:

• Videography

o Whether the shot requires unique views and expansive panning or extreme

altitude with radical views, the sUAS is designed to hold up under demanding

conditions. Because of the autopilot feature with pre-designed mission

management and R/C control interrupt, the pilot and camera operator can easily

create the ultimate shot with HD video or HD still photos. When working close in

on a closed set the hazards to the actors are greatly reduced due to the size of

the sUAS.
• News Gathering

o Similar to movies and videography, each news assignment may require a

completely different shot or view of a scene. With budgets for traditional

helicopter use being greatly reduced, the SUAS is the perfect solution to allow for

easy news gathering for a fraction of the cost. The sUAS can and will be operated

in a sterile area away from the public, while the traditional helicopter must

hover over persons and property increasing the danger to individuals.

• Real Estate

o The sUAS can be used in all areas of real estate, including commercial, residential

and industrial properties. Using a sUAS, real estate professionals can create

promotional videos, photos and unique shots that normal camera aspects

cannot capture. ARGUS’s easy-to-use video and photo platform enables properties

to stand out, providing dazzling views that are typically shown via expensive

computer animation or costly helicopter rentals. Imagine shooting a view from a

high-rise condo in stunning high definition that shows your potential customer

the actual view from the residence. The remote platform is great for new

planning, zoning and large developments. Simple and easy-to-use video and

photos allow for multiple height pictures and elevation views.

VI. Privacy

Argus Rising, LLC is deeply committed to protecting public privacy. Argus knows

that many individual have concerns about privacy from the operations of sUAS’s. Argus will 

utilize a privacy notice that informs residents, commercial property owners, churches,

schools, and governmental organizations of our intent to conduct commercial drone operations

in proximity to their property.

VII. Federal Registry Summary

Pursuant to 14 CFR Part 11, the following summary is provided for publication in the Federal

Register, should it be determined that publication is needed:

Argus Rising, LLC seeks an exemption from the following rules:

14 CFR § 91.103; 14 CFR § 91.113; 14 CFR § 91.119 (c); 14 CFR § 91.121; 14 CFR § 91.151(b); 14

CFR § 91.405(a), 91.407(a) (1), 91.409(a) (2); 91.417(a) and (b).

Approval of this exemption request allows Argus to conduct commercial operations with small

and lightweight unmanned aerial systems. Argus’s singular vision is to enhance safety of sUAS

operations in the NAS while reducing risk to the general public and property owners.

The DJI s and Typhoon UAS, weighing less than 25 pounds and powered by batteries, eliminates 

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

sUAS is transported to the designated mission area and set up there. 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 this small sUAS will provide an equivalent level of safety supporting 

the grant of the exemptions requested herein, including exempting the applicant from the 

requirements of several regulations and allowing commercial operations. These lightweight 

sUAS’s operate at slow speeds, close to the ground, and in a sterile environment. As a result, 

they are far safer than conventional aerial survey and inspection operations conducted with 

fixed wing aircraft or helicopters.

If additional information is required, or if you have any questions regarding this Petition for

Exemption, please contact the undersigned:

Allen S. Beach Member, Owner

Argus Rising, LLC

Office: (817) 675-0212

Email: allen@argusrising.com