Ansync Labs

January 12, 2016

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave, SE 

Washington, DC 20590

Regarding: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations: 14 CFR Part 21; 14 CFR 48.15; 45.21; 45.23(b); 61.101 (e) (4) & (5); 61.113 (a) & (b); 

61.315 (c) (2) (3) (5) (7); 91.7 (a); 91.9 (b) (2); 91.103 (a) & (b); 91.109; 91.119; 91.121; 91.151(a); 91.203 

(a) & (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (1) & (2); 91.417 (a) & (b)

To whom it may concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, Ansync 

Labs herein after known as the operator, hereby applies for an exemption from the listed Federal 

Aviation Regulations (“FAR’s”) to allow testing of the operators Unmanned Aircraft Systems (UAS), so 

long as operations are within the specifications outlined or as may be established by the FAA as required 

by Section 333.

Ansync Labs is an electrical and manufacturing design firm based in El Dorado Hills, California. Ansync 

Labs is currently researching and developing prototype hobby USA’s. The exemptions requested are 

needed to test prototype or exhibit for clients USA’s as they are built and modified throughout the 

design process. The requested exemption would permit the testing and exhibition of prototypes and 

potentially testing of production UAS’s. UAS’s would operate within and adhere to the following 

limitations:

 The UAS’s will weigh less than 55 lbs., at this time total estimated weight is 5.9 lbs.

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

 Average targeted airtime will be 20 minutes, maximum airtime not to exceed 40 minutes.

 UAS’s have a maximum speed of 20 mph.

 The UAS’s will only operate over open empty fields.

 Only one UAS will be operated at a time.

 If the UAS loses communications or loses its GPS signal, the UAS returns to a pre-determined 

location.

 UAS will be operated either entirely by software with an operator with either a private, 

recreational, or sports pilot’s license present and able to take over control if necessary or only 

by an operator with either a private, recreational or sports pilot’s license.

 Every UAS flight will be accompanied by a visual observer who will have a fire extinguisher on

hand during the entire operation.
The name and contact information of the applicant are:

Ansync Labs 

5090 Robert J Mathews Pkwy 

El Dorado Hills, CA 95762 

Sam Miller 

916-933-2850 

sam@ansync.com 

Ansync Labs requests an exemption from the following regulations as well as any additional regulations 

that may technically apply to the operation of its UAS’s.

14 CFR Part 21, Subpart H: Airworthiness Certificates

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance 

of airworthiness certificates as required by FAR 91.203(a) (1). The Federal Aviation Act (49 U.S.C. 

44701(f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the 

requirement for an airworthiness certificate, upon consideration of the size, weight, speed , operational 

capability, and proximity to airports and populated areas of the particular UAS. In all cases, an analysis

of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the 

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

conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the 

restriction and conditions proposed.

The UAS to be operated will be less than 55 lbs. and carry neither pilot nor passenger. The UAS will be 

powered with a single lithium ion battery which will be used in conjunction with fail safe circuitry to 

prevent any overheating or damage to the battery. Beyond this the UAS will have no explosive materials 

or flammable liquid fuels. All UAS flights will be at an altitude of no more than 400 feet AGL. Flight will 

be operated within line of sight of the operator. In addition to the operator there will be an observer 

who will have a fire extinguisher in the area of flight at all times. Application of these criteria 

demonstrates that there is no substantial threat to national security.

The Secretary of Transportation has previously determined that these aircraft meet the conditions of 

Section 333. Therefore, the FAA has found that request of relief form 14 CFR part 21, and any associated 

noise certification and testing requirements of part 36, is not necessary.

This has been stated in exemptions to this regulation in Exemptions Nos. 12990, 11280, 11279, 11278, 

11275, 11273, 11271, 11269, 11260, 11253, 11250 and 11230.

14 CFR 48.15 Requirement to Register

The requirement in part states: 

No person may operate a small unmanned aircraft that is eligible for registration under 49 U.S.C. 44101-

44103. At this point in time the UAS is currently being developed and may go through several revisions 

and iterations to register each UAS before a test flight could occur would greatly inhibit development. 

An exemption is being requested for any UAS’s that will be flown only for test or client exhibition 

purposes. When and if Ansync Labs begins to produce, for the purpose of selling, fully assembled UAS 

units, Ansync Labs will file an AC Form 8050-6 (Dealer’s Aircraft Registration Certificate) per 14 CFR 

47.61.
14 CFR 45.21 Identification and Registration Marking: General

In part this regulation stipulates that: 

Except as provided in §45.22, no person may operate a U.S.-registered aircraft unless that aircraft 

displays nationality and registration marks in accordance with the requirements of this section and 

§§45.23 through 45.33.(b) Unless otherwise authorized by the FAA, no person may place on any aircraft 

a design, mark, or symbol that modifies or confuses the nationality and registration marks.

Given that at this time UAS’s will be tested only within open fields surrounding Ansync Labs and that the 

UAS will only be flown for test or exhibition for potential clients while at all times in the visual field of 

the operator a lack of marking will present no safety hazard. As the UAS is developed and modified it 

would be cumbersome to mark every UAS that would be used simply for testing or exhibition purposes.

However any UAS to be sold would be marked appropriately.

14 CFR 45.23 (b). Marking of the Aircraft

45.23 (b) requires the following: When marks include only the Roman capital letter “N” and the 

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

provisionally certified aircraft the operator must also display on that aircraft near each entrance to the 

cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words 

“limited”, “restricted”, “light-sport”, “experimental”, or “provisional”, as applicable.

Although, assuming the previous requested exemption is granted, the UAS will have no airworthiness 

certificate, an exemption may be needed as the UAS will have none of the mentioned entrances. If any 

fully assembled and fully operational UAS is sold it will have the word “Experimental” placed on its main 

body. The size will be either 2 inch lettering or as close as possible to that size given at this stage the 

final form of the UAS body design in not yet determined.

14 CFR 61.101(e) (4) & (5). Recreational pilot privileges and limitations

The regulation states in part: 

(e) Except as provided in paragraphs (d) and (i) of this section, a recreational pilot may not act as pilot in 

command of an aircraft– (4) For compensation or hire; (5) In furtherance of a business...

Any UAS flown by Ansync Labs will not carry a pilot or passengers, the proposed operations are limited 

in scope and do not present the same level of danger as a traditional aircraft. The UAS will weigh

significantly less than 55lbs and in many cases will be controlled by software with a pilot for backup. In 

all flights, including ones not run exclusively by software, the flights will not exceed 40 minutes and the 

UAS retains a return to home function. The risks associated with the operation of the UAS are 

diminished from the level of risk associated with the operation of a commercial operations 

contemplated with Part 61 when drafted, that allowing operations of the UAS as requested with a

private, recreational or sport pilot as the PIC exceeds the present level of safety achieved by 14 CFR 

61.101 (e) (4) & (5).
14 CFR 61.113 (a) & (b). Private pilots Privileges and Limitations: Pilot in Command

Sections 61.113 (a) & (b) limit pilots to non-commercial operations. Any UAS flown by Ansync Labs will 

not carry a pilot or passengers, the proposed operations are limited in scope and do not present the 

same level of danger as a traditional aircraft. The UAS will weigh significantly less than 55lbs and in many 

cases will be controlled by software with a pilot for backup. In all flights, including ones not run 

exclusively by software, the flights will not exceed 40 minutes and the UAS retains a return to home 

function. The risks associated with the operation of the UAS are diminished from the level of risk 

associated with the operation of a commercial operations contemplated with Part 61 when drafted, that 

allowing operations of the UAS as requested with a private, recreational or sport pilot as the PIC exceeds

the present level of safety achieved by 14 CFR 61.113 (a) & (b). The FAA has issued the following 

exemption to this regulation to exemptions to this regulation to Exemption No. 11282.

14 CFR 61.315 (c) (2) (3) (5) (7). What are the privileges and limits of my sport pilot certificate?

This section limits sport pilots to non-commercial operations stating they may not act as pilot in 

command of an aircraft that is carrying passengers or property for compensation or hire, or in the 

furtherance of a business. Additionally they may not carry more than one passenger, fly at night and 

other limitations that are far outside the scope of a UAS flight. In particular an exemption is needed as 

Ansync Labs intends to make use of employees with private, recreational or sport pilot’s certificates as 

PIC’s. See 61.113 (a) & (b), and 61.101 (e) (4) & (5) above exemption requests for explanation. 

Additionally an exemption from the restriction prohibiting night flights in requested. The UAS will have 

multiple LED indicators that will be in line of sight of the operator, will operate in open fields, and, as 

previously stated, altitude and GPS data will be visible on a laptop.

14 CFR 91.7(a). Civil Aircraft Airworthiness

The regulation requires that no person operate a civil aircraft unless it is in airworthy condition. As there 

will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA 

regulatory standard will exist for determining airworthiness.

14 CFR 91.9(b) (2). Civil Aircraft Flight Manual in the Aircraft

The regulation stipulates: 

No person may operate a U.S – registered civil aircraft ... (2) for which an Airplane or Rotorcraft Flight 

Manuel is not required by 21.5 of this chapter, unless there is available in the aircraft a current approved 

airplane or Rotorcraft Flight Manual, approved manual material, markings and placards, or any 

combination thereof. Assuming the registration exemption is provided this will not apply to any UAS’s 

used for testing and exhibition of prototype or in development UAS’s. If and when production of fully 

assembled UAS’s occurs any test flights for those units will require an exemption. When and if UAS’s are 

produced for sale a test procedure manual will be developed. The test procedure manual would be kept 

on the test site near the operator of the UAS. The test procedure manual would not be able to be kept 

on the UAS’s given its size. Additionally even if it were possible to place the manual in the UAS it would 

defeat the purpose of the manual as the UAS carries no onboard pilot.
14 CFR 91.103 (a) & (b). Preflight Action

The regulation requires that each pilot in command shall, before beginning a flight, become familiar with 

all available information concerning that flight. This information must include – (a) weather forecasts, 

fuel requirements, alternatives available..., any know traffic delays ... advised by ATC. - (b) For any flight, 

runway lengths at airports of intended use, and the following takeoff and landing distance information...

An exemption will be needed as runways are not necessary for the UAS and there will be no ATC. The 

operator will take into account weather conditions, battery requirements and landing/takeoff locations 

before flight initiation.

14 CFR 91.109. Flight Instruction

The regulation stipulates that no person may operate a civil aircraft (except a manned free balloon) that 

is being used for flight instruction unless that aircraft has fully functioning dual controls. UAS’s and 

remotely piloted aircraft, by their design do not have fully functioning dual controls. Equivalent level of 

safety is provided by the fact that neither a pilot nor passengers will be carried in the UAS and by the 

size and speed of the UAS. The FAA has approved exemptions for flight training without fully functioning 

dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption 

Nos.5778K & 9862A.

14 CFR 91.119. Minimum Safe Altitudes

91.119 establishes safe altitudes for operation of civil aircraft. The UAS will not operate at an altitude 

more than 400 feet AGL, an exemption may be needed for such operations. Equivalent level of safety 

provided by the following facts: 

1.The size, weight, speed and location of where the UAS is to be operated do not lend themselves to the 

same level of concern as a traditional aircraft. 

2. The low altitude operation of the UAS will ensure appropriate separation between the UAS and the 

operation of traditional aircraft that must comply with Section 91.119.

14 CFR 91.121. Altimeter Settings

91.121 requires each person operating an aircraft to maintain cruising altitude by reference to an 

altimeter that is set “... to the elevation of the departure airport or an appropriate altimeter setting 

available before departure.” The UAS will not necessarily reach a cruising altitude depending on the goal 

of the testing at the time. Thus an exemption may be needed. Altimeter and GPS date will be viewable 

on a laptop. The UAS will not operate more 400 feet AGL.

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

Section 91.151(a) prohibits an individual from beginning “a flight in an airplane under VFR conditions 

unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of 

the 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.” The current anticipated battery 
life for the UAS is 20 minutes, a 40 minute fight time is a potential goal that may never be achieved. As it 

stands compliance with this requirement is impossible an exemption is needed. Given the limitations of 

the flight area ( exact measurements are not available) if the UAS were to land in any point within the 

open fields it would be within walking distance and reached in a matter of minutes. Additionally UAS 

flights would be for testing or exhibition only carrying neither pilot nor passengers. Equivalent level of 

safety is also maintained as the operator can via laptop see the remaining battery power, the UAS will 

also have a return to home function that will initiate based on distance from home location and 

remaining battery power.

14 CFR 91.203 (a) & (b). Carrying Civil Aircraft Certification and Registration

The regulation states in part: 

(a) Except as provided in 91.715, no person may operate a civil aircraft unless it has within it the 

following: (1) an appropriate and current airworthiness certificate... (2) An effective U.S. registration 

certificate ... (b) No person may operate a civil aircraft unless the airworthiness certificate required by 

paragraph (a) .... Is displayed at the cabin or cockpit entrance... 

Assuming previous exemption requests regarding 14 CFR Part 21 and 14 CFR 48.15 are granted this will 

be a non-issue. However when and if fully assembled UAS’s are produced for sale, Ansync Labs will 

obtain the necessary Dealer’s Certificate via AC Form 8050-6. The UAS will not be able to carry said 

certificate. Instead if it applies to the UAS being flown certification will be in the flight area near the 

operator.

14 CFR 91.405(a); 407(a) (1); 409(a) (1) & (2); 417(a) & (b): Maintenance Inspections

The regulations require that an aircraft operator or owner “shall have that aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...” 

Given that these sections and part 43 apply to aircraft with an airworthiness certificate, these sections 

do not apply to applicant.

As these are new UAS’s that are currently being designed no maintenance guidelines exist. However, 

given the small size, the speed, and limited area of operation the UAS can be landed immediately should 

the UAS experience an operational issue in flight. 

Ansync Lab’s respectively requests that the FAA grant the requested exemptions and are prepared to 

modify or amend any part of this request to satisfy the need for compliance with an equivalent level of 

safety. We look forward to working with the FAA. Please contact us at any time if additional information 

or clarifications are needed.

Sincerely, 

Ansync Labs

Sam Miller 

Owner