The	Name	and	Address	of	the	Applicant	is:

Nicholas	J.	Sanders

Principal

CaelusUAV,	LLC

15136	Regal	Oak	Lane

Frisco,	Texas	75035

(214)	796-6425

October	18,	2015

U.S.	Department	of	Transportation

Docket	Management	System

1200	New	Jersey	Ave,	SE

Washington, DC	20590

RE:	Exemption	Request	under	Section	333	of	the	FAA	Modernization	and	Reform	

Act	of	2012,	and	14	C.F.R.	Part	11

Dear	Sir	or	Madam:

CaelusUAV,	LLC,	(CAELUSUAV)	located	at	15136	Regal	Oak	Lane,	Frisco,	Texas	

75035,	and	Pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act	of	

2012,	("FAA	Reform	Act")	and	14	C.F.R.	Part	11,	respectfully	requests	exemptions	

from	several	provisions	of	the	Federal	Aviation	Regulations	("FAR"),	specifically	

Section	333	which	authorizes	the	FAA	to	determine:

1. If	certain	unmanned	aircraft	systems,	if	any,	as	a	result	of	their	size,	weight,	

speed,	operational	capability,	proximity	to	airports	and	populated	areas,	and	

operation	within	visual	line	of	sight	do	not	create	a	hazard	to	users	of	the	

national	airspace	system	or	the	public	or	pose	a	threat	to	national	security;	

and,

2. Whether	a	certificate	of	waiver,	certificate	of	authorization,	or	airworthiness	

certification	under	section	44704	of	title	49,	United	States	Code,	is	required	

for	the	operation	of	unmanned	aircraft	systems	identified	under	paragraph	

(1).

We	are	writing	to	request	that	CAELUSUAV,	LLC,	an	owner	and	operator	of	small	

unmanned	aircraft,	be	exempted	from	the	Federal	Aviation	Regulations	("FARs")	

listed	below	so	that	CAELUSUAV,	may	operate	its	small	unmanned	aircraft	systems

("UAS")	commercially	in	airspace	regulated	by	the	Federal	Aviation	Administration

("FAA");	as	long	as	such	operations	are	conducted	within	and	under	the	conditions

outlined	herein	or	as	may	be	established	by	the	FAA	as	required	by	Section	333.

CAELUSUAV has	been	actively	involved	in	the	technical	development	of	UAS/	UAV

service	applications	to	provide	high	definition	aerial	photography	with	small,

unmanned	aircraft	and	lightweight	UAS's.
The	substance	of	this	request	is	essentially the	same	as	that	granted	to

LOWCOUNTRYRC	CORP (Regulatory	Docket	No.	FAA-2014-0803) in	that	

CAELUSUAV is engaged	in	aerial	photography using	similar	lightweight,	remotelycontrolled UAS's	in	remote and/or	disaster-affected areas.

CAELUSUAV has	fully	equipped	each	of	its	small	unmanned	aircraft	for	aerial

photography and	videography,	primarily	for	use	in	search	and	rescue	operations,	

where	they	may	be	used	by or	to	augment	operational	capabilities	of law	

enforcement	personnel, search	and	rescue agencies, and	by	other	first	responders	

for	other	photography	including video.

CAELUSUAV’s exemption	request	would	permit	its	operation	of	lightweight,	

unmanned (remotely	controlled and in	line	of	sight)	UAS's	in	tightly	controlled	and	

limited	airspace. Predetermined,	specifically	marked	areas	of	operation,	including	

(or	excluding)	applicable	sectioned	off	locations, will allow	CAELUSUAV to	operate	

within	current	safety	parameters	and	new	ones	being implemented.	As	identified,	

similar	lightweight,	remote	controlled	UAS's	are	legally operated	by	amateurs	with	

no	flight	experience,	safety	plan	or	controls	in	place	to prevent	catastrophe.

Granting	CAELUSUAV's	request	comports	with	the	Secretary	of	Transportation's	

(FAA Administrator's)	responsibilities	to	not	only	integrate	UAS's	into	the	national	

airspace system,	but	to"	...	establish	requirements	for	the	safe	operation	of	such	

aircraft systems	[UAS's]	in	the	national	airspace	system"	under	Section	333	of	the	

Reform Act.	Further,	CAELUSUAV will	conduct	its	operations	in	compliance	with	the	

protocols described	herein	or	as	otherwise	established	by	the	FAA.

The	Extent	of	Relief	CAELUSUAV Seeks	and	the	Reason	It	Seeks	Such	Relief:

CAELUSUAV submits	this	application	in	accordance	with	the	Reform	Act,	112 P.L.	95	

§§	331-334,	seeking	relief	from	any	currently	applicable	FAR's	operating	to prevent	

CAELUSUAV’s contemplated	commercial,	research	and	other	flight operations	

within	the	national	airspace	system.	The	Reform	Act	in	Section	332 provides	for	

such	integration	of	civil	unmanned	aircraft	systems	into	our	national airspace	

system, as	it	is	in	the	public's	interest	to	do	so.	CAELUSUAV lightweight	UAS's meet	

the	definition	of	"small	unmanned	aircraft"	as	defined	in	Section	331, and therefore	

the	integration	of	CAELUSUAV lightweight	UAS's	are	expressly	contemplated by	the	

Reform	Act.	CAELUSUAV would	like	to	operate	its	lightweight	UAS's	prior	to	the

time	period	by	which	the	Reform	Act	requires	the	FAA	to	promulgate	rules	

governing such	craft.	The	Reform	Act	guides	the	Secretary	in	determining	the	types	

of	UAS's that	may	operate	safely	in	our	national	airspace	system.	Considerations	

include:

 the	weight,	size,	speed	and	overall	capabilities	of	the	UAS;	

 whether	the	UAS	will	be operated	near	airports	or	populated	areas;	and,

 whether	the	UAS	will	be	operated	by line	of	sight.
112	P.L.	95	§	333	(a).	Each	of	these	items	mitigates	in	favor	of	an	exemption	for

CAELUSUAV.		CAELUSUAV UAS's	primary	use multi	counter-rotating	propellers	for	

extreme	balance,	control and	stability.	They	each	typically	weigh	less	than	55	

pounds,	including	camera	or other	equipment.	Each	of	CAELUSUAV's	small	

unmanned	aircraft	is	designed	to	primarily hover	in	place	and	operate	at	less	than	a	

50	knot	maximum	speed.	 Additionally,	CAELUSUAV	may	operate	fixed-wing	UAS	

craft,	also	equipped	with	cameras	and	other	equipment.	Multi-rotor	equipment are	

capable of	vertical	and	horizontal	operations,	and	all	craft	operate	only	within	the	

line	of	sight	of	the remote	control	pilot.	In	addition	to	the	remote	control	pilot,	

CAELUSUAV uses	a	camera operator,	such	that,	at	minimum,	two	CAELUSUAV

personnel or	their	designees	(e.g.,	“spotters”)	govern	the	safe	flight	of	a	CAELUSUAV

aircraft	at	all	times.		

Utilizing	battery	power	and	not	combustible	fuels,	flights	generally	last	between	five

and	forty minutes.	CAELUSUAV does	not	operate	its	UAS's	with	less	than	twenty	five

percent	battery	capacity.	Safety	systems	in	place	include	a	GPS	mode	that	allows

CAELUSUAV UAS's	to	hover	(for	multirotor)	or	circle	at	a	fixed	altitude	if

communication	with	the	radio	control	pilot	is	lost and	then	slowly	descend	the	UAS	

at	twenty	five	percent	battery	capacity.	

Further, CAELUSUAV’s fleet	is	programmed,	in	some	instances,	to	slowly	follow	a	

predetermined set	of	waypoints	to	return	to	a	safety	point	if	communications	are	

lost.

CAELUSUAV does	not	operate	its	UAS's	near	airports	and	generally	does	not	operate

them	near	populated	areas.		CAELUSUAV	pilots	are	equipped	with	VHF	radios	

capable	of	communicating	with	the	aircrew	of	any	aircraft	determined	to	be	in	the	

area	after	a	flight	mission	is	launched.		This	is	only	intended	to	coordinate	safe	

landing	operations	of	the	UAS	equipment	with	the	potentially	affected	aircrew	as	a	

preventative	measure.

CAELUSUAV operation	of	its	fleet	of	small	unmanned	aircraft	will	not	"create	a	

hazard	to users	of	the	national	airspace	system	or	the	public."	112	P.	L.	95	§	3	3	3	

(b).	Given	the small	size	and	weight	of	CAELUSUAV UAS's,	combined	with	their	

operation	in	cordoned off	and	well-controlled	areas,	CAELUSUAV’s fleet	falls	within	

Congress's	contemplated safety	zone	when	it	promulgated	the	Reform	Act	and	the	

corresponding	directive	to integrate	UAS's	into	the	national	airspace	system.	Indeed,	

CAELUSUAV UASs	have	a demonstrable	safety	record	and	do	not	pose	any	threat	to	

the	general	public	or national	security.	The	FAA	has	the	authority	to	issue	the	

exemption	to	CAELUSUAV pursuant	to	the	Federal	Aviation	Act,	85	P.L.	726	(1958),	

as	amended	(the	"Act"). Commercial	and	Public	Benefits	Granting	CAELUSUAV

exemption	request	furthers	the public	interest.	

First,	Congress	has	already	pronounced	that	it	is	in	the	public's interest	to	integrate	

commercially	flown	UAS's	into	the	national	airspace	system, hence	the	passing	of	

the	Reform Act.	Second,	CAELUSUAV conducts	research	into	safe UAS	operations	
every	time	it	flies	one	of	its	UAS's.	Flight	data,	visual	inspections, recorded	

observations	and	flight	analyses	are	compiled	to	further	enhance	current safety	

protocols.	Allowing	CAELUSUAV to	log	more	flight	time	directly	relates	to	its

research	and	its	ability	to	further	enhance	current	safety	measures.	Third,	the	public	

has	an	interest	in	minimizing	the	efforts	and	time	required	to	return	missing	

persons	to	their	family	and	caregivers,	as	well	as	to	provide	potentially	life-saving	

treatments	and	services	to	those	affected.		Granting	CAELUSUAV exemption	request	

substantially	furthers	the	public's	interest	in ways	known	and	currently	unknown.	

Permitting	CAELUSUAV to	immediately	fly	within	the United	States	furthers	

advancements	in	publicly	usable	technologies	or advancements	in	equipment	

available	to	law	enforcement	personnel	and	first responders	with	state	of	the	art	

equipment	that	does	not	cost	millions	of	dollars.

CAELUSUAV’s	exemption	will	not	adversely	affect	safety.	Quite	the	contrary,	for	the	

various	reasons	stated,	permitting	CAELUSUAV	to	log	more	flight	time	will	allow

CAELUSUAV	to	innovate	and	implement	new	and	as	of	yet	undiscovered	safety	

protocols.	The	following	are	reasons	why	CAELUSUAV’s	exemption	will	not	

adversely	affect	safety	or	how	the exemption	will	provide	a	level	of	safety	at	least	

equal	to	existing	rule.

 CAELUSUAV UAS's	weigh	less	than	55	pounds,	complete	with	all	camera	

equipment	and	payload.

 CAELUSUAV only	operates	its	UAS's	below	400	feet.

 CAELUSUAV UAS's	only	operate	for	5-45	minutes	per	flight.

 CAELUSUAV lands	its	UAS's	when	they	reach	25%	battery	power.

 CAELUSUAV remote	control	pilots	operate	CAELUSUAV UAS's	by	Visual	Line	

of	Sight (VLOS).

 CAELUSUAV remote	control	pilots	have	video	backup	should	they	somehow	

lose	sight	of the	UAS.

 CAELUSUAV staffs	each	flight	with	a	remote	control	pilot	and	camera	

operator.

 CAELUSUAV UAS's	have	GPS	flight	modes	whereby	they	hover/circle and	

then	slowly	land	if communication	with	the	remote	control	pilot	is	lost	or	

battery	power	is	below25%.

 CAELUSUAV actively	analyses	electronic	flight	data	and	other	sources	of	

information	to constantly	update	and	enhance	safety	protocols.

 CAELUSUAV only	operates	in	secured	areas	that	are	strictly	controlled,	are	

away	from airports	and	populated	areas.

 CAELUSUAV conducts	extensive	briefings	prior	to	flight,	during	which	safety	

carries primary	importance.

 CAELUSUAV always	obtains	all	necessary	permissions	and	permits	prior	to	

operation.

 CAELUSUAV provides	a	level	of	safety	at	least	equal	to	existing	rules,	and	in	

nearly every	instance,	greater	than	existing	rules.	It	is	important	to	note	that	
absent	the integration	of	commercial	UAS's	into	our	national	airspace	system,	

helicopters	are	the primary	means	of	aerial	photography.	While	the	safety	

record	of	such	helicopters	is remarkably	astounding,	it	is	far	safer	to	operate	

a	battery	powered lightweight	UAS.

o First,	the	potential	loss	of	life	is	diminished	because	UAS's	carry	no	

people	on	board and	CAELUSUAV only	operates	in	specific	areas	away	

from	mass	populations.	

o Second, there	is	no	fuel	on	board	a	UA,S and	thus	the	potential	for	fire	

or	explosions	is	greatly diminished.	

o Third,	the	small	size	and	extreme	maneuverability	of	CAELUSUAV

UAS's allow	our	remote	control	pilots	to	avoid	hazards.	

o Lastly,	given	their	small	size	and weight,	even	when	close	enough to	

capture	required	images,	CAELUSUAV UAS's	need not	be	so	close	to	

the	objects	they	are	focused	on.	

Accordingly,	CAELUSUAV UAS's have	operated	and	will	continue	to	operate	at	and	

above	current	safety	levels.

In	summary	the	FAA	may	publish	in	the	Federal	Register:

 14	C.F.R.	21	and	14	C.F.R.	91:	Airworthiness	Certificates,	Manuals	and	the	Like.

14 C.F.R.	21,	Subpart	H,	entitled	Airworthiness	Certificates,	sets	forth	

requirements	for procurement	of	necessary	airworthiness	certificates	in	

relation	to	FAR§	91.203(a)(l).		The	size,	weight	and	enclosed	operational	area	

of	CAELUSUAV UAS's	permits exemption	from	Part	21	because	CAELUSUAV

UAS's	meet	an	equivalent	level	of	safety pursuant	to	Section	3	3	3	of	the	

Reform	Act.	The	FAA	is	authorized	to	exempt	aircraft from	the	airworthiness	

certificate	requirement	under	both	the	Act	(49	U.S.	C.	§	44701 (f))	and A.	

Section	333	of	the	Reform	Act.	Both	pieces	of	legislation	permit	the	FAA	to	

exempt UAS's	from	the	airworthiness	certificate	requirement	in	

consideration	of the	weight, size,	speed,	maneuverability	and	proximity	to	

areas	such	as	airports	and	dense populations.	CAELUSUAV UAS's	meet	or	

exceed	each	of	the	elements.

o 14	C.F.R.	91.7	(a)	prohibits	the	operation	of	an	aircraft	without	an	

airworthiness certificate.	As	no	such	certificate	will	be	applicable	in	

the	form	contemplated	by	the FARs,	this	Regulation	is	inapplicable.

o 14	C.F.R.	§	91.9	(b)	(2)	requires	an	aircraft	flight	manual	in	the	

aircraft.	As	there	are no	pilots	or	passengers,	and	given	the	size	of	the	

UAS's,	this	Regulation	is inapplicable.	An	equivalent	level	of	safety	will	

be	achieved	by	maintaining	a	manual	at the	flight	operations	center.	

The	FAA	has	previously	issued	exemptions	to	this regulation	in	

Exemption	Nos.	8607,	8737,	8738,	9299,	9299A,	9565, 95658,	10167,

10167A,	10602,	10700	and	32827. 14	C.F.R.	§	91.121	regarding	

altimeter	settings	is	inapplicable	insofar	as	CAELUSUAV UAS's	utilize	

electronic	global	positioning	systems	and	internal	gyroscopes	to	

provide spatial	coordination.
o 14	C.F.R.	§	91.203	(a)	and	(b)	provides	for	the	carrying	of	civil	aircraft	

certifications and	registrations.	They	are	inapplicable	for	the	same	

reasons	described	above.	The equivalent	level	of	safety	will	be	

achieved	by	maintaining	such	certifications	and registrations	at	the	

CAELUSUAV flight	operations	center.

 14	C.F.R.	§	45.23:	Marking	of	the	Aircraft. Applicable	Codes	of	Federal	

Regulation	require	aircraft	to	be	marked	according	to certain	specifications.	

CAELUSUAV UAS's	are,	by	definition,	unmanned.	They	therefore do	not	have	

a	cabin,	cockpit	or	pilot	station	on	which	to	mark	certain	words	or phrases.	

Further,	two-inch	lettering	is	difficult	to	place	on	such	small	aircraft.	The	FAA

has	previously	issued	exemptions	to	this	regulation	through	Exemptions	Nos.	

8738, 10167, 10167A	and	10700.

 14	C.F.R.	§	61.113:	Private	Pilot	Privileges	and	Limitations. PIC Pursuant	to	14	

C.F.R.	§§	61.113	(a)	&	(b),	private	pilots	are	limited	to	non-commercial

operations.	CAELUSUAV can	achieve	an	equivalent	level	of	safety	as	achieved	

by current	Regulations	because	CAELUSUAV UAS's	do	not	carry	any	pilots	or	

passengers. Further,	while	helpful,	a	pilot	license	will	not	ensure	remote	

control	piloting	skills, though	CAELUSUAV pilot	vetting	and	training	

programs	(based	upon	completion	of	an FAA	Approved	Ground	School	and	a	

self-administered	UAS	flight	training	program and	internal	procedures)	will.	

All	further,	the	risks	attendant	to	the	operation	of CAELUSUAV UAS's	is	far	

less	than	the	risk	levels	inherent	in	the	commercial	activities outlined	in	14	

C.F.R.	§	61,	et	seq.

 14	C.F.R.	91.119:	Minimum	Safe	Altitudes.		14	C.	F.	R.	§	91.119	prescribes	safe	

altitudes	for	the	operation	of	civil	aircraft.	It	allows helicopters	to	be	

operated	at	lower	altitudes	in	certain	conditions.	CAELUSUAV UAS's will	

never	operate	at	an	altitude	greater	than	400	AGL.	CAELUSUAV will,	

however, operate	its	UAS's	in	sectioned	off	areas	with	security	perimeters,	

providing	a	level	of safety	at	least	equivalent	to	those	in	relation	to	minimum	

safe	altitudes.	Given	the size,	weight,	maneuverability	and	speed	of	

CAELUSUAV UAS's,	an	equivalent	level	of safety	will	be	achieved.

 14	C.F.R.	91.405	(a);	407	(a)	(1);	409	(a)	(2);	417(a)	&	(b):	Maintenance	

Inspections. The	cited regulations	require,	amongst	other	things,	aircraft	

owners	and operators	to	"have	[the]	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." These	Regulations	only	apply	to	

aircraft	with	an	airworthiness	certificate.	They	will not,	therefore,	apply	to	

CAELUSUAV should	its	requested	exemption	be	granted.		CAELUSUAV

conducts	an	extensive	maintenance	program	that	involves	regular	software

updates and	constant	inspection	for	assessment	of	any	damaged	hardware.

Therefore,	an	equivalent	level	of	safety	will	be	achieved.	CAELUSUAV has	

researched and	developed	its	own	designs.
In	summary,	CAELUSUAV seeks	an	exemption	from	the	following	Regulations:	14

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

(a);	14	C.F.R.	§	91.9	(b)(2);	14	C.F.R.	§	91.103(b);	14	C.F.R.	§	91.109;	14	C.F.R.	§

91.119;	14	C.F.R.	§	91.121;	14	C.F.R.	§	91.151(a);	14	C.F.R.	§§	91.203(a)	and	(b);

14	C.F.R.	§	91.405	(a);	14	C.F.R.	§	91.407	(a)(1);	14	C.P.R.§	91.409	(a)(2);	14

C.P.R.§	91.409	(a)(2);	and,	14	C.P.R.§§	91.417	(a)	&	(b)	to	commercially	operate	its

fleet	of	small	unmanned	vehicles	and	lightweight	unmanned	aircraft	vehicles	and	to

conduct	its	own	research	and	to	develop	economic	platforms	for	aerial	survey,	law

enforcement	,	first	responders,	search	and	rescue.	Granting	CAELUSUAV’s request	

for exemption	will	reduce	current	risk	levels	and	thereby	enhance	safety.

Further,	CAELUSUAV operates	at	lower	altitudes	and	in	controlled	airspace.	

CAELUSUAV has	been	analyzing	flight	data	and	other	information	in	compiling	novel	

safety protocols	and	the	implementation	of	a	flight	operations	manual	that	exceeds	

currently accepted	means	and	methods	of	safe	flight.	There	are	no	people	on	board	

CAELUSUAV UAS's	and	therefore	the	likelihood	of	death	or	serious	bodily	injury	is	

significantly limited.	CAELUSUAV operation	of	its	UAS's,	weighting	less	than	55	

pounds	and	traveling at	speeds	lower	than	50	knots	in	cordoned	off	areas	will	

provide	at	least	an	equivalent level	of	safety	as	that	achieved	under	current	FARs.

CAELUSUAV respectfully	requests	that	the	FAA	grant	its	exemption	request	without

delay.	The	FAA	has	the	authority	to	issue	the	exemption	sought	by	CAELUSUAV

pursuant	to	the	Federal	Aviation	Act,	85	P.L.	726	(1958),	as	amended	(the	"Act").

Respectfully	submitted	by:

Nicholas	J.	Sanders,	Principal

CaelusUAV,	LLC

15136	Regal	Oak	Lane

Frisco,	Texas	75035

214-796-6425

nick@caelusuav.com