Petition for Exemption

April 16, 2013

Administrator, FAA

James H. Williams, FAA Unmanned Aircraft Systems Executive

Unmanned Aircraft Systems Integration Office, AFS-80

490 L’Enfant Plaza, SW Suite 3200

Washington, DC 20024

Dear Sir,

In accordance with FAA regulations, Part 11 of Title 14 CFR, the following request for 

exemption is submitted: 

Petitioners:

Mike Wilson, UAS Program Manager, Southern Region

1701 Columbia Ave. 

College Park, GA 30337-2748

Tel: 404.305.6038

Fax: 404.305.6043

Email: Mike.Wilson@faa.gov

Skip Wiegand, UAS Program Manager, Eastern Region

2 International Plaza, Suite 110

Philadelphia, PA 19113

Tel: 610.595.1500 X232

Fax: 610.595.1519

Email: Skip.Wiegand@faa.gov

Brad Howard, UAS Program Manager, Western-Pacific Region

15000 Aviation Blvd
Lawndale, CA 90261

Tel: 310.725.7266

Fax: 310.725.6957

Email: Brad.Howard@faa.gov

The petitioners hereby formally submit this petition for exemption from FAR §91.151, Fuel 

requirements for flight in VFR conditions. This petition is on behalf of the affected parties and to 

obtain regulatory relief for that unique subset of unmanned aircraft system (UAS) operators who

operate small UAS (sUAS) and are unable to comply with this rule due to their limited 

endurance. After completing an analysis of existing regulations, the petitioners have determined 

that many small UAS cannot comply with the requirements of FAR§91.151, Fuel requirements 

for flight in VFR conditions due to weight, performance, fuel type, or capability associated with 

their diminutive size. 

Background:

There is no dispute that UAS are considered ‘aircraft’ per the 14 CFR Part 1 definition since 

2007 [Docket No. FAA-2006-25714; Notice No. 07-01]. (Note: Both an airplane and rotorcraft 

are subsets of ‘aircraft’.)

Therefore, it follows that 14 CFR §91.151, Fuel requirements for flight in VFR conditions, is a 

rule that applies to all aircraft (civil and public) due to the absence of qualifying words such as 

‘civil’ or ‘public’ from both phrases in 14 CFR §91.151 (a) and (b). For the purposes of this 

discussion, the term ‘fuel’ can mean either traditional aviation fuels such as Avgas or Jet A, or 

electric power stored in a battery, or it can mean any other fueled-propulsion system. Fuel 

carriage capability in an aircraft represents a total or portion of maximum quantity or, for battery

or alternate fuel carriage, the 100% charge (or electrical maximum quantity) to 0% (or total 

exhaustion). Many sUAS have a total fuel burn time duration that is less than that required in the 

rule which requires enough fuel to fly to the first point of intended landing and in addition, either 

30/45 minutes day/night for airplanes and 20 minutes for rotorcraft. These aircraft operators 

may be in unable to comply with this rule as soon as their sUAS is launched. Other sUAS may

be capable of meeting the rule requirements but maintaining a fuel reserve that complies with 

the rule would degrade the mission capability enough that mission integrity would be 

compromised and not cost effective for the proponent.

With emphasis added, the rule 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—
(1) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.

(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.

Since there is no apparent regulatory flexibility built into this language through authorization by

the Administrator, a request for a deviation is not an available remedy. As this rule is not listed 

in 14CFR §91.905, List of rules subject to waivers, a request for a waiver is not applicable. 

Therefore, an exemption is the only regulatory flexibility available. Since it is possible that the 

need for this relief will be for a period of time longer than originally envisioned (possibly as 

much as two years) due to delays in the rulemaking process, an exemption would be appropriate. 

As the sUAS rulemaking is finalized after the comment period, language could be crafted in the 

rule itself to create a permanent solution for this small but unique group of sUAS. It is possible 

the Aviation Rulemaking Committee (ARC) may be working on this issue, with their work on 

what is commonly referred to as ‘The Small Rule’ or SFAR 107, Small Unmanned Aircraft 

Systems. The Petitioners recommend that language be crafted in the Applicability section as is 

CFR Part 103, Ultralight Vehicles, where the specific criteria are given that determine what 

constitutes an Ultralight Vehicle.) 

However, a more immediate solution is needed for sUAS operators who are operating in the 

National Airspace System (NAS) every day of the week. 

Therefore, Petitioners are only requesting relief for those sUAS that do not have the weight, 

capacity, or performance capability that this rule requires. As an example, a electric-powered 

sUAS with a 20 minute flight capability operating on its battery would be exempted from the 

rule requirement of thirty minutes reserve operating in the daytime hours as many of these type 

of smaller UAS have been incapable of maintaining more than 30 minutes of flight time at all, let 

alone an additional 30 minutes of reserve. A large UAS, such as a Predator, in contrast, would 

be required to comply with the rule since it can fly for extended hours before it would be 

encroaching on its fuel reserve. 

Extent of relief

The petitioners request that those sUAS that are unable to comply with the provisions of 

CFR§91.151 be allowed to adhere to a fuel reserve requirement more suitable to the type of 

operation and size of the aircraft and its capabilities due to the immediate ability of the sUAS

operator to land or recover the aircraft under power and the continued visual sighting of the 

aircraft by the pilot or an observer should an emergency occur. Suggested mitigations for these 

operations are:
- VMC conditions (Class E airspace visibility requirements, but not less than 3 SM flight 

visibility and 1000’ ceiling) and operations under VFR flight rules.

- Untethered UAS only.

- Visual line of sight (VLOS) operations only.

- Due to the sUAS small size up to one mile from the operator/observer. (No daisy

chaining.)

- Class G airspace as high as 1200 feet AGL.

- A reduction in time of fuel reserve to 10% of their total operational time.

As an example:

If the total endurance of the onboard fuel system for the untethered UAS is less than or 

equal to the reserve requirements listed in §91.151 (a) (1) or (2) for airplanes or (b) for 

rotorcraft then a VFR fuel reserve equal to 10% of the total endurance will be required. 

For example, an electric-powered UAS airplane has a maximum endurance of 20 minutes 

on its batteries - it must have a reserve of 2 minutes at normal cruising speed upon 

reaching the first point of intended landing. 

Public Interest.

Allowing for this exemption is in the public interest in that it would provide sUAS that are flying 

today the ability to achieve a realistic level of fuel reserve that ensures safe operation without 

severely limiting performance or mission capability. Today, many sUAS cannot comply with 

the regulation outright and cannot and do not maintain a realistic and quantifiable fuel reserve. 

Adhering to a fuel reserve requirement that is realistic for the platform enhances safety and 

continues to allow this new technology to grow and mature. 

Equivalent level of Safety. 

Providing this exemption creates an additional level of safety. Today, either no fuel reserves are 

being maintained by operators or they are operating their aircraft with simply the balance of their 

operational fuel requirement left from their total time capability. 

14CFR §91.151 was crafted in a time where UAS operations did not exist in the NAS. Today, 

UAS are operated safely throughout the NAS on a daily basis and growing in number as a result 

of the Congressional requirement to integrate UAS into the NAS by 2015. Until §91.151 is 

updated to accommodate this new technology, granting this exemption will allow sUAS

operations to continue within the boundaries of the CFR requirements and will permit this 
technology to mature and develop with a level of safety that is not compromised by size. 

Granting this exemption will provide a realistic and, more importantly, a quantifiable fuel 

reserve. 

Summary for the Federal Register.

The petitioners formally submit a request for relief and exemption from CFR §91.151, Fuel 

requirements for flight in VFR conditions as a broad exemption for all small unmanned aircraft 

system (sUAS) operators that, due to their aircraft’s physical size, are unable to comply with the 

rule.

Conclusion

Petitioners request that the FAA expedite handing of this petition so all affected parties and 

operators of sUAS can continue to fly their aircraft and comply with the CFR’s without

unknowingly or inadvertently violating a regulatory requirement. 

Please do not hesitate to contact any of the petitioners if you have any questions or require 

additional information.

Respectfully submitted, 

Mike Wilson

Skip Wiegand

Brad Howard