80585.2

PETITION FOR EXEMPTION FROM FEDERAL AVIATION REGULATIONS 

(“FARS”) AND REQUEST FOR APPROVAL TO OPERATE UNMANNED

AIRCRAFT SYSTEMS UNDER SECTION 333 OF THE FAA REFORM ACT

AND PART 11 OF THE FARS

Submitted by: Near Earth Autonomy, Inc.

Dated: May 18, 2016

By Electronic Submission to: www.regulations.gov

By Paper Submission to:

U.S. Department of Transportation

Docket Operations

West building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

Filed by: 

Justine M. Kasznica, Esq.

Saul Ewing LLP

One PPG Place

Suite 3010

Pittsburgh, PA 15222

412.209.2537 (office)

412.209.2588 (fax)

jkasznica@saul.com 

Counsel for Near Earth Autonomy, Inc.
80585.2

TABLE OF CONTENTS

I. Summary for Publication in Federal Register..........................................................1

II. Legal Basis for the Requested Exemption under Section 333.................................7

III. Identity and Contact Information of the Petitioner..................................................8

IV. The Approved sUAS................................................................................................8

V. The Proposed sUAS Operation................................................................................9

VI. The Approved sUAS Equivalent Level of Safety..................................................14

VII. Privacy ...................................................................................................................17

VIII. Public Interest and Safety ......................................................................................17

IX. Exemptions Requested Under Section 333............................................................18

X. Certificate of Authorization or Waiver...................................................................27

XI. Conclusion .............................................................................................................27
80585.2

ENCLOSURES

SCHEDULE 1

1. Product Brochure for g5

2. Product Brochure for g6

CONFIDENTIAL SUPPLEMENT

Exhibit A:

1. 4 Appropriate Project Site Descriptions

2. Near Earth Operations Manual

3. Form 2408
1

I. Summary for Publication in Federal Register

Near Earth Autonomy, Inc. (“Near Earth”) develops comprehensive software and sensor 

solutions for manufacturers and users of low-flying aircraft that operate in all-weather 

conditions, and in hostile, unprepared environments. These solutions are designed to meet the 

needs of both micro air vehicles and full-scale aircraft, by offering a customized process that 

leverages automation and pilot aids to ensure safe manned and un-manned flight. Amongst its 

many product and service offerings, Near Earth offers turnkey systems for surveying and 

mapping, as well as survey and mapping sensors and payloads that can be integrated with other 

systems. Near Earth services customers in the construction, agricultural, mining, natural gas, and 

power industries that routinely perform site inspections, surveys, aerial mapping, site monitoring, 

and other similar tasks.

Near Earth seeks to operate small unmanned aircraft systems under 55 lbs (“sUAS”) for 

compensation or hire within the National Airspace System (“NAS”) for the purpose of 

conducting aerial demonstrations of its products and services within the NAS. These 

demonstrations are critical for Near Earth sales and marketing campaigns, designed for 

prospective and existing customers that seek to purchase and use Near Earth products and 

services for the purpose of site surveying, mapping, monitoring, and inspecting. 

The data obtained through the use of the Approved sUAS will enable Near Earth to better 

understand the market and its customers’ needs and to position itself for sales, and do so in a 

cost-effective, efficient and safe manner. Use of the Approved sUAS is a low-cost solution with 

low environmental impact that allows Near Earth to showcase its products and services, and use 

the data collected to optimize the quality and effectiveness of the products and services offered. 

Through this process, Near Earth seeks to offer tested and proven assistive technologies to its 

customers that will improve the safety and effectiveness of future flight operations.

On October 20, 2015, the FAA granted to Near Earth an exemption, Exemption No. 

13248, to operate specific classes/models of sUAS under Section 333 of the FAA Modernization 

and Reform Act of 2012 (the “Act”) for the purpose of conducting aerial demonstrations, 

surveying, mapping, inspections, and site monitoring in furtherance of Near Earth’s business. 

Near Earth’s Exemption No. 13248 is limited to specific sUAS models -- the Pulse VAPOR 35 

and Pulse VAPOR 55 UAS.

Near Earth now seeks to add additional sUAS models to its inventory, and seeks an 

additional Section 333 exemption from the FAA to operate those models or classes of sUAS that 

are approved for operations by the FAA under the Act at the time of the proposed Near Earth 

operation (the “Approved sUAS”). The current list of Approved sUAS can be found on the “List 

of Approved UAS under Section 333,” which is posted at www.regulations.gov under docket 

number FAA-2007-3330, and is updated on a monthly basis.

Near Earth hereby petitions the Federal Aviation Administration (“FAA”) for an 

exemption from various FARs and requests approval to operate the Approved sUAS in the NAS 

for the purposes described above, pursuant to Section 333 of the Act, 49 U.S.C.S 44701(f), and 

Title 14 of the Code of Federal Regulations (“CFR”), Part 11 (14 CFR Part 11) (the “Petition”). 
2

In its Petition, Near Earth requests that an exemption be granted from the following 

regulations:

14 CFR Part 21

14 CFR 43.7

14 CFR 43.11

14 CFR 45.11

14 CFR 45.21

14 CFR 45.23(b)

14 CFR 45.29

14 CFR 61.113(a) and (b)

14 CFR 67

14 CFR 91.7(a)

14 CFR 91.9(b)(2)

14 CFR 91.9(c)

14 CFR 91.103(b)

14 CFR 91.109

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151(a)

14 CFR 91.203(a) and (b)

14 CFR 91.405(a)

14 CFR 91.407(a)(1)

14 CFR 91.409(a)(2)

14 CFR 91.417(a) and (b)

In its Petition, Near Earth describes in detail (i) the Near Earth team that will operate the

Approved sUAS and the members’ respective roles and qualifications, (ii) the proposed sUAS 

operations for which it seeks approval, and (iii) the various safety precautions that will be taken 

prior to and during the operations. CONFIDENTIAL INFORMATION concerning the 

proposed sUAS operations, which includes the descriptions of four (4) Appropriate Project Sites, 

as well as Near Earth’s Operations Manual, which contains training protocols and preflight 

procedures, limitations of operation for controlling air/ground space for demonstrations, and 

maintenance and operations checklists, is attached to this Petition as Exhibit A. Near Earth 

intends to use these materials as part of its proposed operations, and requests that this 

CONFIDENTIAL Exhibit A not be made public. The materials contained in Exhibit A have 

previously been submitted to and approved by the FAA as part of Near Earth’s Exemption No. 

13248.

All maintenance, alterations, and preventive maintenance of the Approved sUAS 

performed by Near Earth will be in accordance with the methods, techniques, and practices 

prescribed in the above documents. Furthermore, only the Original Equipment Manufacturer 

(“OEM”) or qualified OEM maintainers will perform higher-level inspections and maintenance 

per the operating documents and OEM standards. Moreover, Near Earth will document and 

maintain all maintenance records for the Approved sUAS.
2

In support of its exemption request, Near Earth submits that (i) the Approved sUAS have 

been found by the FAA to be safe and reliable, and satisfy the FAA’s airworthiness assessment

and certification, (ii) the Near Earth Pilot-in-Command (“PIC”) and Visual Observer (“VO”) 

have the requisite knowledge and experience to ensure the safe operation of the proposed sUAS, 

(iii) the operation procedures and parameters to be employed by Near Earth ensure safe sUAS 

operations in the NAS, and remove the threat of harm to people and property, including other 

manned aircraft, and (iv) Near Earth’s proposed operations, which include without limitation, the 

use of the Approved sUAS to conduct aerial demonstrations of Near Earth products and services 

in secure demonstration sites for the benefit of prospective customers from a broad industry 

spectrum, will be safer than that which would be achieved by flying a larger manned aircraft 

carrying crew and flammable fuel for the same purpose. In addition, permitting use of the 

Approved sUAS for the purpose of conducting aerial demonstrations, surveying, mapping, 

inspections, and site monitoring, and to demonstrate Near Earth products and services as well as

the adoption and use of these products and services by Near Earth customers, will achieve 

various economic and environmental benefits, as well as significant efficiencies associated with 

cost, labor, and safety, that serve the public interest.

A. Proposed sUAS Operations

Near Earth will conduct its sUAS operations using Approved sUAS in compliance with 

the FAA Notice 8900.227 Sections 12, 13, 14, and 16, issued on July 30, 2013.

The Approved sUAS will be operated at Near Earth-selected sites by a PIC who will be 

assisted by a ground-based VO at all times during the operation. The VO will have a clear visual 

line-of-sight (“VLOS”) to the UAV, and will be able to communicate verbally with the PIC at all 

times throughout the sUAS operation. The primary Near Earth PIC holds a FAA commercial 

rotary-wing and instrument rating with military rotorcraft experience. Other prospective Near 

Earth PICs have, at minimum, recreational pilot or private pilot licenses, which have been 

deemed sufficient by the FAA for sUAS operations in previously-granted petitions, provided 

other qualifications are met. In addition, all Near Earth PICs hold the requisite airman medical 

certificates, and will demonstrate, by meeting minimum flight-hour and currency requirements, 

that the Near Earth PICs are able to safely operate the Approved sUAS in a manner consistent 

with this exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles, and structures. Both the PIC and VO will have 

significant experience operating a variety of radio-controlled model aircraft, including 

experience operating the Approved sUAS. 

Additional Near Earth operational restrictions for the Approved sUAS that ensure safe 

flight include: 

1. The sUAS will not be flown at night and will be operated under visual meteorological 

conditions (“VMC”).

2. The sUAS will not be flown less than 500 feet below or less than 2,000 feet horizontally 

from a cloud or where visibility is at least 3 statute miles from PIC. The use of firstperson-view (“FPV”) by the PIC or VO is not permitted.
3

3. Flights will be operated at an altitude of no more than 400 feet Above Ground Level 

(“AGL”), with the majority of flights anticipated to be operated at no more than 200 feet 

AGL.

4. The sUAS will not be flown at an airspeed exceeding the lesser of 87 knots (100 miles an 

hour) groundspeed, or the maximum UAV operating airspeed recommended by the 

Approved sUAS manufacturer.

5. The sUAS, including any payload, will weigh less than 55 lbs. 

6. The sUAS will be operated within 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.

7. All operations will utilize a VO. 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 functions 

prescribed in the operating documents.

8. The operating documents and the grant of exemption will be accessible during sUAS 

operations and made available to the Administrator upon request. If a discrepancy exists 

between the conditions and limitations contained in the grant of exemption and the 

procedures outlined in the operating documents, the conditions and limitations contained 

in the grant of exemption take precedence and will be followed. Otherwise, Near Earth 

will follow the procedures as outlined in its operating documents. Near Earth may update 

or revise its operating documents, to the extent permitted by Pulse, the sUAS 

manufacturer. It is Near Earth’s responsibility to track such revisions and present updated 

and revised documents to the Administrator upon request. Near Earth will also present 

updated and revised documents if it petitions for extension or amendment to the grant of 

exemption. If Near Earth determines that any update or revision would affect the basis 

upon which the FAA granted the exemption, then Near Earth will petition for amendment 

to the 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.

9. A briefing will be conducted in regard to the planned sUAS operations prior to each day’s 

activities. It will be mandatory that all personnel who will be performing duties in 

connection with the operations be present for this briefing.

10. Near Earth will file any necessary paperwork in light of the exemptions with the 

appropriate Flight Standards District Office (“FSDO”).

11. Prior to each flight the PIC will inspect the sUAS to ensure it is in a condition for safe 

flight. If the inspection reveals a condition that affects the safe operation of the sUAS, the 

aircraft is prohibited from operating until the necessary maintenance has been performed 

and the sUAS is found to be in a condition for safe flight. The GCS will be included in 

the preflight inspection. All maintenance and alterations will be properly documented in 

the aircraft records.

12. Any sUAS that has undergone maintenance or alterations that affect the sUAS operation 

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

functional test flight. The PIC who conducts the functional test flight will make an entry 
4

in the aircraft records.

13. The pre-flight inspection will account for all potential discrepancies, e.g. inoperable 

components, items, or equipment, not already covered in the relevant sections of the 

operating documents.

14. Near Earth will follow the sUAS manufacturer’s aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements. 

15. Near Earth will carry out its maintenance, inspections, and record-keeping requirements, 

in accordance with the operating documents. Maintenance, inspection, alterations, and 

status of replacement/overhaul component parts will be noted in the aircraft records, 

including total time in service, description of work accomplished, and the signature of the 

authorized person returning the sUAS to service.

16. Each sUAS operated under this exemption will comply with all applicable Manufacturer 

Safety Bulletins.

17. The authorized person will make an entry in the aircraft record of the corrective action 

taken against discrepancies discovered between inspections.

18. The sUAS will have redundancies and an independent flight termination system (“FTS”) 

that can be activated manually by the PIC to ensure the overall safety and predictability 

of the sUAS.

19. In the event of a loss of communications or signal, the sUAS is programmed to return to 

its home base, or other predetermined location within the private or controlled access 

property.

20. The sUAS will have the capability to abort a flight in case of unexpected situations or 

emergencies. 

21. If the sUAS and its controller disconnect during flight, the system’s failsafe autopilot 

system will automatically engage, and the helicopter will return to its home base and land 

automatically, rather than flying off uncontrollably or landing at an unknown location. 

22. The sUAS will only be flown (i) in rural areas, away from any urban or congested 

locations, (ii) on secured private property with restricted public access, (iii) in areas 

located more than 5 miles away from any airport, unless FAA-conditions are met and 

relevant approvals or letter of agreements are obtained, (iv) in Class G Airspace, and (v) 

in such locations where the property owner has approved the contemplated sUAS 

operations. 

23. The PIC, VO, and any additional crew members will comply with any additional safety 

regulations and protocols as may be required by each site where the sUAS is flown. 

24. Near Earth will communicate information about specific operations with Air Traffic 

Control (“ATC”) nearest to the flight site.

25. Near Earth will submit a precise description of proposed sUAS operations (Plan of 

Activities) to the local FSDO within 3 days prior to the sUAS operations. 

26. Near Earth will obtain a Certificate of Authorization or Waiver (COA) prior to any 

operations under the grant of exemption, and seeks a “blanket” COA in accordance with 
5

the interim policy recently announced by the FAA. This COA will also require the 

operator to request a Notice to Airmen (“NOTAM”) not more than 72 hours in advance, 

but not less than 48 hours prior to the operation. 

27. All aircraft operated in accordance with the exemption will be identified by serial 

number, registered in accordance with 14 C.F.R. part 47, and have identification (NNumber) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings will be as 

large as practicable. 

28. Before conducting operations, the radio frequency spectrum used for operation and 

control of the sUAS will comply with the Federal Communications Commission (“FCC”) 

or other appropriate government oversight agency requirements.

29. The documents required under 14 C.F.R. 91.9 and 91.203 will be available to the PIC at 

the GCS of the sUAS any time the sUAS is operating. These documents will be made 

available to the Administrator or any law enforcement official upon request. 

30. The sUAS will remain clear and yield the right of way to all manned aviation operations 

and activities at all times. 

31. Written and/or oral permission from the relevant property holders will be obtained, 

confirmed, and made available in writing upon request. 

32. 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. 

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

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

the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents will be reported 

to the National Transportation Safety Board (“NTSB”) per instructions contained on the 

NTSB Web site: www.ntsb.gov.

B. Relevant Previously-Granted Exemptions

Near Earth bases its Petition, in part, on several relevant Section 333 petitions that were 

granted by the FAA in 2014 and 2015 and makes references to these exemptions throughout. 

These exemptions include the following:

1. Exemption No. 13248 to Near Earth for sUAS operations used to conduct aerial 

demonstrations.

2. Exemption No. 11109 (the “Clayco Exemption”) for sUAS operations used to 

conduct aerial imaging to monitor and ensure the safety of construction sites.

3. Exemption No. 11114 (the “Woolpert Exemption”) for sUAS operations used to 

conduct precision aerial surveys over Ship Island, Mississippi.

4. Exemption No. 11062 (the “Astraeus Exemption”) for sUAS operations used for 

closed set filming for the motion picture industry.
6

5. Exemption No. 11136 (the “Advanced Aviation Solutions Exemption”) for sUAS 

operations used to conduct aerial surveys to support the agriculture industry.

6. Exemption No. 11138 (the “Trudeau Exemption”) for sUAS operations used to 

conduct real estate and aerial images of Tucson, AZ to use for marketing 

purposes.

The FAA granted these exemptions with conditions, having found that the petitioners 

presented an adequate showing of airworthiness and safety in their described sUAS operation to 

serve the public interest. Near Earth’s proposed operation does not differ significantly from the 

situations presented in the Clayco, Woolpert, and Advanced Aviation Solutions Exemptions. In 

fact, the proposed Approved sUAS operations establish at least an equivalent level of safety to 

the sUAS operations described in the Clayco, Woolpert, and Advanced Aviation Solutions 

Exemptions, if not greater, as Near Earth operations are for demonstration purposes only, with 

the goal of enabling their customers to ultimately benefit the public in very similar ways to those 

outlined in the above-mentioned Exemptions. Given that Near Earth plans to operate in similarly 

restricted operating environments, and with the intent of addressing similar markets and 

operating purposes, and with the airmanship skills necessary to operate the sUAS, Near Earth 

respectfully asks the FAA to grant Near Earth’s Petition.

C. Recent Changes to the Exemption Process

In April 2015, the FAA used a “summary grant” process to issue 30 Section 333 

exemption approvals for UAS. Use of this process is likely to speed up the Section 333 

exemption process for sUAS operators such as Near Earth. Given that the Near Earth Petition is 

substantially similar to the previously-granted exemption requests described above, Near Earth

believes that use of the “summary grant” process is appropriate in evaluating this Petition. 

More recently, the Federal Aviation Administration has established an interim policy to 

speed up airspace authorizations for certain sUAS operators who obtain Section 333 exemptions. 

Under the new policy, the FAA will grant a COA for flights at or below 400 feet to any sUAS 

operator with a Section 333 exemption for aircraft that weigh less than 55 pounds, operate during 

daytime Visual Flight Rules (“VFR”) conditions, operate within VLOS of the pilots, and stay 

certain distances away from airports or heliports:

 5 nautical miles (“NM”) from an airport having an operational control tower; or

 3 NM from an airport with a published instrument flight procedure, but not an operational 

tower; or

 2 NM from an airport without a published instrument flight procedure or an operational 

tower; or

 2 NM from a heliport with a published instrument flight procedure

The “blanket” 400-foot COA allows flights anywhere in the country except restricted 

airspace and other areas, such as major cities, where the FAA prohibits UAS operations. Section 

333 exemption holders will automatically receive a “blanket” 400-foot COA. For new exemption 

holders, the FAA will issue a COA at the time the exemption is approved. To the extent an 
7

operator seeks to fly outside the blanket parameters, that operator must obtain a separate COA 

specific to the airspace required for that operation.

And finally, as of March 2016, the FAA streamlined its process such that petitions 

submitted pursuant to Section 333, and granted by the FAA, apply not only to individual classes 

or models of sUAS, but to Approved sUAS, which are those sUAS that are listed on the FAA’s 

List of Approved UAS under Section 333, a list that is updated monthly. Petitioners seeking 

approval to operate sUAS that are not on the List of Approved UAS under Section 333 are 

required to submit Section 333 Petitions for such models/classes separately.

Near Earth has been working diligently to comply with the requirements set forth by the 

FAA prior to these recent changes, and has developed its proposed plan of sUAS operations 

accordingly. Given that Near Earth’s proposed sUAS operations follow the prior, more stringent 

requirements, Near Earth believes that it has exceeded what is needed to establish the 

“equivalent level of safety” as it is now interpreted by the FAA. In light of the recent changes 

made by the FAA, Near Earth requests that the FAA use its “summary grant” authority to 

approve this Petition and issue to Near Earth a “blanket” 400-foot COA.

D. Recent FAA Proposed Rules and Interim Policy 

On February 15, 2015, the FAA issued proposed rules for operation and certification of 

sUAS, under which the Approved sUAS would qualify. (Docket No.: FAA-2015-0150; Notice 

No. 15-01 concerning 14 CFR Parts 21, 43, 45, 47, 61, 91, 101, 107, and 183). While these rules 

have yet to be implemented and therefore do not have the force of law, they are a strong 

indication of the FAA’s inclination to allow sUAS operations such as those proposed by Near 

Earth. Near Earth continues to pay close attention to these rules and their development and 

ultimate implementation. 

E. Conclusion 

For all the above reasons, Near Earth asks that the FAA grant its request for exemption 

from certain FARs, and approve its operation of the Approved sUAS in the national airspace in 

accordance with the limitations and restrictions set forth herein.

II. Legal Basis for the Requested Exemption under Section 333

In 2012, Congress passed the FAA Modernization and Reform Act, mandating the FAA to 

integrate unmanned aircraft systems (UAS) into the national airspace system (NAS). Section 332 

of the Act authorizes the FAA to develop regulations for the civil operation of UAS weighing 

less than 55 pounds. While the final UAS regulations have not yet been issued by the FAA, 

Congress, in Section 333 of the Act, directed the FAA to allow the operation of civil sUAS even 

before such final regulations are completed, to the extent that the sUAS operations do not create 

a hazard to the national airspace system or the public, or pose a threat to national security. 2012 

Act, §§ 333(a), (b)(1). 
8

The FAA has authority pursuant to 49 U.S.C.S 44701(f) to grant an exemption from the 

regulations developed for manned aircraft operations (FARs and other requirements) to the 

extent the FAA finds that the exemption is “in the public interest.” An sUAS operation that is in 

the public interest has been described as an operation that “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 sUAS to commence immediately.” See Clayco 

Exemption, p.8. 

Section 333 of the Act mandates the Secretary of Transportation to make a case-by-case 

determination of safety concerning proposed sUAS operations, by considering 6 factors. The six 

factors are (1) size, (2) weight, (3) speed, (4) operational capability, (5) proximity to airports and 

populated areas, and (6) operation within VLOS (2012 Act, §§ 333(c)). Once safe operation of 

the sUAS is established, the Secretary must then set forth requirements to facilitate the operation 

of the sUAS. 

III. Identity and Contact Information of the Petitioner

The petitioner is Near Earth Autonomy, Inc., a Pennsylvania corporation with its 

principal place of business at:

Near Earth Autonomy, Inc.

5001 Baum Blvd, Suite 750

Pittsburgh, PA 15213

Tel: (412) 513-6110

Fax: (412) 621-4301

Email: dave@nearearth.aero

Principal Contact: Marcel Bergerman

Website: www.nearearthautonomy.com

All questions concerning this Petition may be directed to Justine M. Kasznica, counsel for Near 

Earth Autonomy, Inc., at:

Justine M. Kasznica, Esq.

Saul Ewing LLP

One PPG Place

Suite 3010

Pittsburgh, PA 15222

Tel: (412) 209-2537 (office)

Fax: (412) 209-2588 (fax)

jkasznica@saul.com 

IV. The Approved sUAS

Near Earth seeks an exemption to operate Approved sUAS. On October 20, 2015, the 

FAA granted to Near Earth an exemption, Exemption No. 13248, to operate specific 

classes/models of sUAS under Section 333 of the FAA Modernization and Reform Act of 2012 
9

(the “Act”) for the purpose of conducting aerial demonstrations, surveying, mapping, 

inspections, and site monitoring in furtherance of Near Earth’s business. However, Near Earth’s 

Exemption No. 13248 is limited to the Pulse VAPOR 35 and Pulse VAPOR 55 UAS.

Near Earth now seeks to add additional sUAS models to its inventory, and seeks an 

additional Section 333 exemption from the FAA to operate those sUAS that are deemed to be 

Approved sUAS by the FAA at the time of the proposed Near Earth operation. The current list of 

Approved sUAS can be found on the “List of Approved UAS under Section 333,” which is 

posted at www.regulations.gov under docket number FAA-2007-3330, and is updated on a 

monthly basis. 

The following are the “Near Earth Products and Services” which will be demonstrated 

using the Approved sUAS:

A. g5 configurable mapping payload: offers the best combination of weight, cost, 

performance, and capabilities. Modular components exist for lidar mapping, 

multispectral sensing, collision avoidance, and photogrammetry. Five 

configurations are available with options for higher density and / or more accurate 

point clouds.

B. g6 configurable mapping payload: similar to g5 (above), this lightweight payload 

provides indoor/outdoor mapping and inspection capabilities, and consists of 

modular components for lidar mapping, multispectral sensing, collision 

avoidance, and photogrammetry.

Product brochures containing complete descriptions of the foregoing Near Earth Products 

or Services are included in Schedule 1, attached hereto. 

V. The Proposed sUAS Operation

The Approved sUAS will be used to demonstrate Near Earth products and services, 

including its software suite payloads which may be purchased by Near Earth customers for the 

purpose of (i) conducting routine monitoring and (ii) producing high-resolution and high-quality, 

precision aerial acquisitions of project sites for a variety of industries. Use of the sUAS is a lowcost solution with low environmental impact that protects surveyors from the often hazardous 

conditions present at various industrial project sites, while optimizing the quality and 

effectiveness of the data collected. Near Earth intends to illustrate this point to prospective 

customers by demonstrating its products and services designed for optimized safety, reliability, 

and precision.

A. Selection of Appropriate Project Sites

Near Earth wishes to operate the Approved sUAS for the purpose of demonstrating its 

product offerings and service capabilities, which can be purchased by customers for the purpose 

of conducting aerial acquisitions of project sites in various industries, including in the 

construction, mining, natural gas, power, public sector, real estate, and solid waste industries.

Typical customer project sites may include: (1) commercial and residential construction sites, (2) 
10

oil and gas and alternative energy sites, (3) public utility sites, (4) mining sites, (5) quarries, (6) 

excavation sites, (7) waste management sites, and (8) other infrastructure development sites. 

For the purpose of its demonstration operations, Near Earth will select appropriate project 

sites based on safety considerations and any restrictions imposed by the FAA that are related to 

sUAS operations (“Appropriate Project Sites” or “APS”). As such, APS are limited to those 

project sites that have the following operating environment: 

1. APS will be located in rural areas, away from any urban or congested locations.

2. APS will be located on secured private property with restricted public access.

3. APS will be located more than 5 miles away from any airport, unless FAAconditions are met and relevant approvals and/or letter of agreements are 

obtained.

4. APS will be located in Class G Airspace.

5. APS will be such locations where the property owner has approved the 

contemplated sUAS operations.

Near Earth will not operate the Approved sUAS at project sites that are not determined to 

be APS. 

To date, Near Earth has identified 4 APS that meet the foregoing requirements, where it 

seeks to begin its operations to the extent this Petition is granted. These 4 APSs are described 

with specificity and attached hereto as part of Exhibit A. Because private information is 

contained in these attached APS descriptions, Near Earth asks the FAA to keep this material 

confidential. If its Section 333 exemption request is granted, Near Earth intends to expand its 

sUAS operations to other similar APS within the United States.

B. Operator Qualifications

The Approved sUAS will be operated at an APS by a PIC, who will be assisted by a 

ground-based VO at all times during the operation. The VO will have a clear visual line-of-sight 

to the sUAS, and will be able to communicate verbally with the PIC at all times throughout the 

sUAS operation. 

The primary Near Earth PIC holds a FAA commercial rotary-wing and instrument rating 

with military rotorcraft experience. Other prospective Near Earth PICs have, at minimum, 

recreational pilot or private pilot licenses, which have been deemed sufficient by the FAA for 

sUAS operations in previously–granted petitions, provided other qualifications are met. In 

addition, all Near Earth PICs hold the requisite airman medical certificates (although these are no 

longer necessary under the FAA’s recent changes). 

All Near Earth PICs and VOs possess significant experience with and have demonstrated 

the appropriate skillset needed for flying sUAS. The Near Earth PICs have flown numerous 

practice flights in remote areas as hobbyists simulating flights for future commercial use to gain 

familiarization with the characteristics of the sUAS performance under different temperature and 

weather conditions. Indeed, by meeting minimum flight-hour and currency requirements, the 
11

Near Earth PICs can demonstrate that they are able to safely operate the Approved sUAS in a 

manner consistent with this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from people, vessels, vehicles, and structures. In addition, the 

Near Earth PICs practice computerized simulated flights to maintain adequate skills and response 

reflex time. 

With this experience, the Near Earth PICs can achieve an equivalent level of safety as 

achieved by current regulations because the risks of the Near Earth PICs operating the proposed 

sUAS at the APS are far less than the risk levels inherent in the commercial activities outlined in 

14 CFR Part 61, et seq. The Approved sUAS does not carry any pilots or passengers. Moreover, 

research has shown that a pilot’s license, while helpful, does not ensure remote control piloting 

skills or safe sUAS operation. 

Indeed, the FAA’s changes to the Section 333 exemption request process support Near 

Earth’s position. Those changes allow for sUAS operations by PICs who hold a recreational or 

sport pilot certificate, certificates that are less costly and easier to obtain than a private pilot 

license. Additionally, a third class medical certificate is no longer required. Instead, a sUAS

operator only needs a valid driver’s license to satisfy the medical requirement. This change is 

consistent with the agency’s approach for sport pilot certificate holders, who may fly light sport 

aircraft with a driver’s license and no FAA medical certificate. In keeping with the FAA’s 

current position, the Near Earth PICs hold, at a minimum, a recreational or sport pilot 

certification, valid driver’s licenses, and the previously required, but no longer necessary, 

medical certifications.

C. Training

If this Petition is granted by the FAA, the Near Earth PICs and VOs intend to test fly the 

sUAS outdoors, at the APS described above, or in locations bearing the same characteristics, to 

gain the requisite experience operating the Approved sUAS. Near Earth will adopt the FAA’s 

findings regarding sufficient training protocol for its PICs, whatever they may be, prior to 

conducting any commercial operations of the sUAS, and proposes the following in this regard 

(taken from the training requirements outlined by the FAA in the Trudeau Exemption, at pages 

14-15, basing its analysis on the Astraeus Exemption):

“The PIC must have accumulated and logged at least 25 hours of total time as a UAS 

rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi-rotor UAS. 

The PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot 

operating the same make and model of UAS to be used for operations under the 

exemption.

For clarification, these minimum hour requirements will be inclusive rather than additive; 

that is, 5 hours using the same system contemplated for operations may be included in the 

10 hours of multirotor time and the 10 hours may be included in the total 25 hours of 

UAS rotorcraft time. In addition to the hour requirements, the PIC will accomplish 3 

take-offs and landings in the preceding 90 days (for currency purposes).” 

This will ensure that the PIC obtains sufficient flight experience to begin using the sUAS 

outdoors for the specified purposes outlined in this Petition. 

D. sUAS Flight Operations
12

The purpose of the typical sUAS flight will be to safely, accurately, and efficiently 

demonstrate the capabilities of Near Earth products and services, listed in Section IV herein, for 

sales and marketing purposes. See Schedule 1 for Product Brochures of g5 and g6.

Every sUAS flight will use at minimum a two-man flight crew, including the PIC and 

VO.

The standard pre-flight and operational procedure is as follows: 

1. Meet at the APS and complete pre-flight security, as appropriate for each APS. 

2. Set up a “no-entry” perimeter around the jobsite forbidding entrance by nonauthorized personnel.

3. Verify that the project site is clear of non-authorized personnel.

4. Drive to the area to be surveyed.

5. Ensure that all necessary equipment, including the Flight Log, operating and 

flight manuals and checklists, and other documents are readily accessible. 

6. The PIC begins to ready sUAS for flight. For detailed procedural rules, the PIC 

will refer to and follow any pre-flight procedures contained in the Approved 

sUAS’ flight or operator’s manual. Typically, these require the PIC to:

a. Set up the handheld weather station on tripod. 

b. Check the airframe, connections, and rotors for any damage during 

transport to the APS. 

c. Calibrate the camera, or other payload system, as applicable. 

d. Turn on and ready the GCS. 

e. Connect communication antennae to the GCS. 

f. Open Ground Station software and pull up the pre-planned flight path. 

g. Remove the battery for flight, measure current voltage, and log findings in 

the battery manual. 

h. Strap the battery securely into the sUAS but do not attach the main power. 

i. Move the sUAS to take-off point, approximately 50 feet from crew. 

j. Attach the battery’s main power. 

k. Listen to the power up sequence of beeps from the electronic speed control 

(“ESC”) and motors. 

l. Set up a designated 50-foot (approximate) radius zone around the sUAS. 

This is the “home” area; operators are not allowed inside this area while 

the electrical motor is running. 

m. Activate engine power without moving the throttle up. Follow Pulse’s 

compass calibration procedure, which records the “home” point. 

n. Using the Ground Control Station, verify connection to the sUAS. 
13

o. The sUAS should appear on the screen, along with a recorded home point, 

battery voltage, current altitude relative to the ground, and current 

velocity. 

p. Upload the flight path data to the sUAS. 

q. Verify good upload and connection. 

r. Record the time and weather in the flight log, a form of which Near Earth 

has submitted as part of Exhibit A, and a version of which may be contained in 

the Approved sUAS’ aircraft flight or operator’s manual.

s. The sUAS is now fully prepared and ready to go.

7. The PIC double checks that the take-off area is clear of any foreign object debris 

(“FOD”)

8. At all times, the PIC will refer and follow the takeoff procedure contained in the 

Approved sUAS’ flight or operator’s manual.

9. The PIC commands the aircraft to take off and to fly to the approximate survey 

altitude. 

10. The VO verifies that the GCS has a good connection and is tracking the sUAS. 

11. The VO or another crew member then begins to test, and/or to demonstrate to a 

customer, the payload capabilities at a continuous interval. 

12. During the mission, the PIC and VO will always have VLOS with the aircraft and 

the PIC is will be prepared to take over flight operations manually as needed to 

ensure safe operations. 

13. PIC will reference the GCS checklist contained in the Approved sUAS’ flight or 

operator’s manual, as necessary, throughout the mission.

14. The PIC’s Ground Station has a flight battery monitor which is set to a minimum 

of 25% battery reserve. The timer begins from the point the throttle is moved out 

of its start position. 

15. During flight, a secondary crew member monitors the GCS data (voltage, forward 

velocity, altitude, and estimated remaining time to complete the mission) and 

relays any sudden changes or alerts to the PIC. 

16. As the mission completes, the PIC informs the secondary crew member he is 

taking back over control. 

17. The PIC begins to land the sUAS, referencing the landing procedure contained in 

the Approved sUAS’ flight or operator’s manual. 

18. After safely landing, the PIC walks to the aircraft and unplugs the main power. He 

then makes a determination, based on the data collected and/or payload capability 

demonstration, whether the mission was successful. 

19. If successful, the VO or any other crewmember leaves to go pick up ground 

control points (“GCPs”), if any. 
14

20. The PIC checks battery voltage and records the value in the battery log. 

21. The PIC records the flight time in the flight log. 

22. The PIC turns off the GCS and any payload (if applicable). 

23. The PIC checks the airframe for any damage or loose connections resulting from 

the flight, and records any findings. 

24. The PIC packs all equipment for transport.

VI. The Approved sUAS Equivalent Level of Safety 

Near Earth proposes that the exemptions requested herein apply to civil aircraft that have 

the characteristics and that operate within the limitations listed herein. These limitations provide 

for at least an equivalent or higher level of safety to operations under the current regulatory 

structure. 

The limitations and conditions to which Near Earth agrees to be bound when conducting 

commercial operations under an FAA issued exemption include: 

1. The sUAS will not be flown at night and will be operated under visual meteorological 

conditions (“VMC”).

2. The sUAS will not be flown less than 500 feet below or less than 2,000 feet horizontally 

from a cloud or where visibility is at least 3 statute miles from PIC. The use of firstperson-view (“FPV”) by the PIC or VO is not permitted.

3. Flights will be operated at an altitude of no more than 400 feet Above Ground Level 

(“AGL”), with the majority of flights anticipated to be operated at no more than 200 feet 

AGL.

4. The sUAS will not be flown at an airspeed exceeding the lesser of 87 knots (100 miles an 

hour) groundspeed, or the maximum UAV operating airspeed recommended by the 

Approved sUAS manufacturer.

5. The sUAS, including any payload, will weigh less than 55 lbs. 

6. The sUAS will be operated within 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.

7. All operations will utilize a VO. 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 functions 

prescribed in the operating documents.

8. The operating documents and the grant of exemption will be accessible during sUAS 

operations and made available to the Administrator upon request. If a discrepancy exists 

between the conditions and limitations contained in the grant of exemption and the 

procedures outlined in the operating documents, the conditions and limitations contained 

in the grant of exemption take precedence and will be followed. Otherwise, Near Earth 

will follow the procedures as outlined in its operating documents. Near Earth may update 
15

or revise its operating documents, to the extent permitted by Pulse, the sUAS 

manufacturer. It is Near Earth’s responsibility to track such revisions and present updated 

and revised documents to the Administrator upon request. Near Earth will also present 

updated and revised documents if it petitions for extension or amendment to the grant of 

exemption. If Near Earth determines that any update or revision would affect the basis 

upon which the FAA granted the exemption, then Near Earth will petition for amendment 

to the 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.

9. A briefing will be conducted in regard to the planned sUAS operations prior to each day’s 

activities. It will be mandatory that all personnel who will be performing duties in 

connection with the operations be present for this briefing.

10. Near Earth will file any necessary paperwork in light of the exemptions with the 

appropriate Flight Standards District Office (“FSDO”).

11. Prior to each flight the PIC will inspect the sUAS to ensure it is in a condition for safe 

flight. If the inspection reveals a condition that affects the safe operation of the sUAS, the 

aircraft is prohibited from operating until the necessary maintenance has been performed 

and the sUAS is found to be in a condition for safe flight. The GCS will be included in 

the preflight inspection. All maintenance and alterations will be properly documented in 

the aircraft records.

12. Any sUAS that has undergone maintenance or alterations that affect the sUAS operation 

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

functional test flight. The PIC who conducts the functional test flight will make an entry 

in the aircraft records.

13. The pre-flight inspection will account for all potential discrepancies, e.g. inoperable 

components, items, or equipment, not already covered in the relevant sections of the 

operating documents.

14. Near Earth will follow the sUAS manufacturer’s aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements. 

15. Near Earth will carry out its maintenance, inspections, and record-keeping requirements, 

in accordance with the operating documents. Maintenance, inspection, alterations, and 

status of replacement/overhaul component parts will be noted in the aircraft records, 

including total time in service, description of work accomplished, and the signature of the 

authorized person returning the sUAS to service.

16. Each sUAS operated under this exemption will comply with all applicable Manufacturer 

Safety Bulletins.

17. The authorized person will make an entry in the aircraft record of the corrective action 

taken against discrepancies discovered between inspections.

18. The sUAS will have redundancies and an independent flight termination system (“FTS”) 

that can be activated manually by the PIC to ensure the overall safety and predictability 

of the sUAS.

19. In the event of a loss of communications or signal, the sUAS is programmed to return to 

its home base, or other predetermined location within the private or controlled access 
16

property.

20. The sUAS will have the capability to abort a flight in case of unexpected situations or 

emergencies. 

21. If the sUAS and its controller disconnect during flight, the system’s failsafe autopilot 

system will automatically engage, and the helicopter will return to its home base and land 

automatically, rather than flying off uncontrollably or landing at an unknown location. 

22. The sUAS will only be flown (i) in rural areas, away from any urban or congested 

locations, (ii) on secured private property with restricted public access, (iii) in areas 

located more than 5 miles away from any airport, unless FAA-conditions are met and 

relevant approvals or letter of agreements are obtained, (iv) in Class G Airspace, and (v) 

in such locations where the property owner has approved the contemplated sUAS 

operations. 

23. The PIC, VO, and any additional crew members will comply with any additional safety 

regulations and protocols as may be required by each site where the sUAS is flown. 

24. Near Earth will communicate information about specific operations with Air Traffic 

Control (“ATC”) nearest to the flight site.

25. Near Earth will submit a precise description of proposed sUAS operations (Plan of 

Activities) to the local FSDO within 3 days prior to the sUAS operations. 

26. Near Earth will obtain a Certificate of Authorization or Waiver (COA) prior to any 

operations under the grant of exemption, and seeks a “blanket” COA in accordance with 

the interim policy recently announced by the FAA. This COA will also require the 

operator to request a Notice to Airmen (“NOTAM”) not more than 72 hours in advance, 

but not less than 48 hours prior to the operation. 

27. All aircraft operated in accordance with the exemption will be identified by serial 

number, registered in accordance with 14 C.F.R. part 47, and have identification (NNumber) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings will be as 

large as practicable. 

28. Before conducting operations, the radio frequency spectrum used for operation and 

control of the sUAS will comply with the Federal Communications Commission (“FCC”) 

or other appropriate government oversight agency requirements.

29. The documents required under 14 C.F.R. 91.9 and 91.203 will be available to the PIC at 

the GCS of the sUAS any time the sUAS is operating. These documents will be made 

available to the Administrator or any law enforcement official upon request. 

30. The sUAS will remain clear and yield the right of way to all manned aviation operations 

and activities at all times. 

31. Written and/or oral permission from the relevant property holders will be obtained, 

confirmed, and made available in writing upon request. 

32. 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. 
17

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

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

the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents will be reported 

to the National Transportation Safety Board (“NTSB”) per instructions contained on the 

NTSB Web site: www.ntsb.gov.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012—size, 

weight, speed, operating capabilities, proximity to airports and populated areas, and operation 

within visual line of sight and national security—provides more than adequate justification for 

the grant of the requested exemption allowing commercial operation of the sUAS pursuant to the 

rules of operation described herein. 

Additional information concerning the sUAS operational procedures is included in the 

respective Approved sUAS manufacturing and user manuals, as well as Near Earth’s training 

protocols and preflight procedures, and maintenance and operations checklists, attached to this 

Petition as Exhibit A, which Near Earth requests not to be made public.

VII. Privacy 

There is little risk that the proposed use of the Approved sUAS will result in any privacy 

violations because all flights will occur over private or controlled access property with the 

property owner’s prior consent and knowledge. In addition, similar to the manned aerial 

acquisition flight operations that have been conducted for decades, Near Earth’s proposed 

operation of the Approved sUAS will not implicate any privacy issues. Specifically, the 

Approved sUAS will only be operated pursuant to (i) the specific conditions and limitations set 

forth herein, and (ii) in accordance with the Federal Aviation Regulations, to the extent not 

exempted. 

VIII. Public Interest and Safety 

Various industries routinely utilize workers on the ground to monitor, take photos, and 

conduct surveys of project sites. Project sites in the oil and gas, power, mining, excavation, and 

construction industries are known to be unsafe. Hazards at these sites include (1) exposure to 

dangerous chemicals, (2) unsafe ground conditions due to uneven terrain, debris, construction 

materials, and heavy equipment that lead to on-site injuries, and (3) extreme temperatures which 

can lead to related illness and injury. Near Earth develops payloads for use with sUAS to 

address these issues, and seeks to demonstrate the capabilities of its products and services to 

prospective customers engaged in the aforementioned hazardous activities and who expose 

workers to the various hazards, with the intent to have their products and services render the 

activities safer for humans.

Use of the Approved sUAS in connection with the demonstration of Near Earth’s 

products and services will increase ground safety by ultimately being used by customers to 

reduce ground surveying and the hazards associated therewith. By using sUAS over the project 

sites, rather than putting workers on the ground, the hazards stemming from these conditions will 

be removed. This public benefit cannot be achieved if companies like Near Earth cannot 

responsibly test and demonstrate the capabilities of cutting-edge commercial technologies whose 

very purpose is to address these safety concerns.

The use of the sUAS for these purposes will achieve significant economic efficiencies as 
18

well. By demonstrating its products and services in flight using a sUAS, Near Earth can reduce 

the time required for product optimization by obtaining customer feedback quicker in a far more 

cost-effective way than demonstrating the capabilities using manned aircraft. Indeed, some of the 

products and services are specifically designed for use with a sUAS, and need to be tested with a 

sUAS. The end-users (Near Earth customers and their customers) will derive economic benefit as 

well. By reducing the time and cost, and by improving the effectiveness of aerial data 

acquisition, end users will reduce costs to their customers, bring in more business, and provide 

greater job stability to their employees, which will ultimately contribute to the growth of the U.S. 

economy. Finally, as mentioned before, inspections and monitoring of project sites by the sUAS 

will help end-users identify dangerous conditions, and may prevent serious injury to employees 

and other on-site and near-site personnel. Improved financial performance through the 

commercial use of sUAS will help provide a stable workforce that increases consumer spending; 

improves local, state, and federal tax revenues; and allows companies to invest in research and 

development in order to remain competitive.

For all these reasons, the sUAS operations contemplated by Near Earth achieve a level of 

safety equal to or greater than that which would be achieved by flying a much larger manned 

aircraft carrying crew and flammable fuel for the same purposes. 

IX. Exemptions Requested under Section 333

Near Earth requests that an exemption be granted from the following regulations:

A. 14 CFR Part 21

B. 14 CFR 43.7

C. 14 CFR 43.11

D. 14 CFR 45.11

E. 14 CFR 45.21

F. 14 CFR 45.23(b)

G. 14 CFR 45.29

H. 14 CFR 61.113(a) and (b)

I. 14 CFR 67

J. 14 CFR 91.7(a)

K. 14 CFR 91.9(b)(2)

L. 14 CFR 91.9(c)

M. 14 CFR 91.103(b)

N. 14 CFR 91.109

O. 14 CFR 91.119

P. 14 CFR 91.121

Q. 14 CFR 91.151(a)

R. 14 CFR 91.203(a) and (b)

S. 14 CFR 91.405(a)

14 CFR 91.407(a)(1)

14 CFR 91.409(a)(2)

14 CFR 91.417(a) and (b)

The regulations and the basis for an exemption are set forth as follows.
19

A. 14 CFR Part 21 Certification Procedures for Products and Parts—prescribes the 

procedural requirements for issuing and changing design approvals, production 

approvals, airworthiness certificates, and airworthiness approvals.

Near Earth requests an exemption from 14 CFR Part 21 to the extent applicable. This 

exemption meets the requirement for an equivalent level of safety pursuant to Section 333 based 

on the small size, light weight, relatively slow speed, safety and fail-safe system specifications of 

the Approved sUAS, and its use in controlled rural environments on private land with restricted 

public access, as described previously in this Petition. Moreover, the Approved sUAS carries no 

fuel and is therefore not at risk of fuel spillage and fire in the event of an accident.

If the exemption is granted, and an airworthiness certificate is not required, noise 

certification and testing also will not be required. See FAA, Public Guidance for Petitions for 

Exemption Filed Under Section 333 (September 25, 2014), at 4. In any event, the Approved 

sUAS are small, battery powered systems designed to emit very little noise.

Notwithstanding the foregoing, the FAA has previously determined that relief under Part 

21 is not necessary for petitioners who have presented facts substantially similar to those 

presented by Near Earth. (See Exemption Nos. 11109, 11114, 11062, 11136, 11138, referenced in 

Section I, above).

B. 14 CFR 43.7 Persons authorized to approve aircraft, airframes, aircraft engines, 

propellers, appliances, or component parts for return to service after 

maintenance, preventive maintenance, rebuilding, or alteration—provides that 

the holder of a mechanic certificate or a repair station certificate may approve an 

aircraft, airframe, aircraft engine, propeller, appliance, or component part for return to 

service.

Near Earth requests an exemption from 14 CFR 43.7. The Approved sUAS are generally

comprised of parts and components that are not dissimilar from a model aircraft, and the 

contemplated operators of the Approved sUAS, who will maintain and when necessary repair the 

sUAS, have engineering degrees. The operators will conduct inspections and maintenance based 

on maintenance guidelines contained in Exhibit A, or any maintenance requirements provided by 

the manufacturers of the Approved sUAS. The capabilities of these operators to maintain and 

repair the Approved sUAS will meet the requirements for an equivalent level of safety pursuant 

to Section 333 for the type of sUAS, its intended use, and the intended operating environment 

and locations. 

C. 14 CFR 43.11 Content, form, and disposition of records for inspections 

conducted under parts 91 and 125—provides, in pertinent part, that maintenance 

record entries be maintained and a record for the listing of discrepancies and placards 

by inspectors be maintained.

Near Earth requests an exemption from 14 CFR 43.11. The FAA has previously exempted 

Aprroved sUAS from this FAR. Notwithstanding the foregoing, Near Earth will keep log books 

of all maintenance and repairs, and such log books will be available at each project site during 

the sUAS operations. 
20

D. 14 CFR 45.11 Marking of Products—prescribes, in pertinent part, that the 

manufacturers of aircraft, engines and propellers mark such aircraft, engines, or 

propellers with an approved fireproof identification plate.

Near Earth requests an exemption from 14 CFR 45.11. The Approved sUAS, due to their 

small size, do not have room for fireproof identification plates to be placed in it. Any required 

fireproof identification plates could become hazardous due to the additional weight and strain 

placed on the sUAS.

E. 14 CFR 45.21 General—prescribes, in pertinent part, that 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.

Near Earth requests an exemption from 14 CFR 45.21. Near Earth will obtain a proper 

registration mark for the Approved sUAS, but will display it only to the extent practicable and as 

approved by the FAA.

F. 14 CFR 45.23(b) Display of Marks; general—prescribes, in pertinent part, that 

when marks include only the Roman capital letter “N” and the registration number is 

displayed on limited, restricted, or 2 light-sport category aircraft or experimental or 

provisionally certificated 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.

Near Earth requests an exemption from 14 CFR 45.23(b), to the extent applicable. The 

Approved sUAS center airframe is less than 23” in height. Due to its small size, the Approved 

sUAS typically do not have room to display aircraft marks in a conventional size. However, as a 

condition to the approval of exemption, Near Earth is willing to affix an appropriately sized 

aircraft mark to the Approved sUAS mainframe. 

The word “Experimental” (as applicable) will be placed on the center frame of the 

Approved sUAS in compliance with §45.29(f). However, a partial exemption from this display 

regulation is requested as the sUAS will have no entrance to the cabin, cockpit or pilot station on 

which the words such as “Experimental” can be placed. Given the size of the sUAS, two-inch 

lettering will be impossible. 

The equivalent level of safety will be provided by having the Approved sUAS marked on 

its center frame as required by §45.29 (f), where the PIC, observer and others working with the 

sUAS will see the identification of the sUAS. The requested exemption is consistent with 

previous exemptions issued by the FAA—the FAA has previously determined that relief under 14 

CFR 45.23(b) is not necessary for petitioners who have facts substantially similar to those 

presented by Near Earth. (See Exemption Nos. 11109, 11114, 11062, 11136, 11138, referenced in 

Section I, above).

G. 14 C.F.R. 45.29: Size of Marks—prescribes, in pertinent part, that the registration 

marks for rotorcraft must be at least 12 inches high.

Near Earth requests an exemption from 14 CFR 45.29. The Approved sUAS, due to its 

small size, does not have any surface area large enough to display marks that are 12 inches high. 
21

As a condition to the approval of exemption, however, Near Earth is willing to affix an aircraft 

mark to the main frame of the sUAS. The size of the marking will be determined by the 

mainframe size. 

H. 14 CFR 61.113(a) and (b) Private pilot privileges and limitations: Pilot in 

command—prescribe that (a) No person who holds a private pilot certificate may act 

as a pilot in command (PIC) of an aircraft that is carrying passengers or property for 

compensation or hire; nor may that person, for compensation or hire, act as the PIC of 

an aircraft; (b) A private pilot may, for compensation or hire, act as PIC 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.

Near Earth requests an exemption from 14 C.F.R. 61.113. Under § 61.113 (a) and (b) 

private pilots are limited to non-commercial operations. However, the Near Earth PIC can 

achieve an equivalent level of safety as achieved by current regulations because the Approved 

sUAS does not carry any pilots or passengers. Furthermore, a pilot license does not ensure 

adequate remote control piloting skills; only RC operating experience can establish such skills. 

For conducting safe sUAS operations, it is more important that the PIC of the sUAS be 

experienced, particularly with the sUAS at issue, than for the PIC to have a pilot’s license. The 

PICs operating under this exemption will be experienced. Near Earth has demonstrated that its 

PICs hold, at minimum, a recreational pilot’s license, and have flown numerous practice flights 

in remote areas as a hobbyists simulating flights for future commercial use to gain familiarization 

with the characteristics of the sUAS performance under different temperature and weather 

conditions. The Near Earth PICs also practices computerized simulated flights to maintain 

adequate skills and response reflex time. Finally, the Near Earth PICs have many years of 

recreational sUAS flight experience and a deep knowledge of sUAS systems, and, therefore, 

meet or exceed the present level of safety envisioned under this Section. 

Near Earth recognizes that the FAA, in addressing other Section 333 exemption requests, 

has made it clear that it does not have the requisite authority to exempt a petitioner from the 

statutory requirement to hold an airman certificate under 49 USC § 44711, and has found that a 

pilot certificate would ensure that a PIC passes the security screening of the Department of 

Homeland Security. In April 2015, however, the FAA relaxed its position and changed the 

Section 333 exemption request process to allow PICs with sport or recreational pilot licenses to 

conduct sUAS operations such as those help by Near Earth PICs. The FAA also eliminated the 

need for a PIC to hold a third class medical certificate. Currently, a valid driver’s license is 

satisfactory for a PIC to satisfy any medical requirements and Department of Homeland Security 

screening.

I. 14 CFR Part 67 Medical Standards and Certification—gives the FAA the 

authority to issue the necessary medical standards and certifications for pilots. FAA 

Notice 8900.227, paragraph 16.c.(4) PIC Medical, states, in pertinent part, that the 

PIC must maintain, at a minimum, a valid FAA second-class medical certificate 

issued under 14 CFR Part 67, Medical Standards and Certification, or the FAArecognized equivalent. Paragraph 16.e.(1) of the same Notice requires, in pertinent 
22

part, that all observers must have a valid FAA second-class medical certificate issued 

under part 67; an FAA-recognized equivalent is an acceptable means of 

demonstrating compliance with this requirement. The FAA notes that the notice 

referenced above is now incorporated into FAA Order 8900.1, vol. 16, ch. 4., sec. 1.

Near Earth requests an exemption from FAA Notice 8900.227, paragraph 16.c.(4) and 

16.e.(1) which requires that a PIC require a valid FAA second-class medical certificate under 14 

CFR 67. Near Earth’s currently contemplated PICs currently hold a valid FAA medical 

certificate. Notwithstanding the foregoing, Near Earth respectfully submits that a second-class 

medical certificate is unwarranted in this instance because (i) the sUAS is no different a model 

aircraft, weighs less than 55 lbs. including payload, and will not carry any pilot or passengers, 

(ii) the area of operation is controlled and restricted, and (iii) all flights will be planned and 

coordinated in advance with an auto-pilot feature and fail-safe programs to account for user 

error. There is little chance that the medical condition of the PIC will affect the Approved sUAS

operations in any unsafe or damaging way. 

More importantly, in light of the FAA’s recent decision to allow PICs to operate sUAS 

with only a valid driver’s license and without a third class medical certificate, Near Earth asks 

that the FAA grant it the same relief from FAA Notice 8900.227, paragraph 16.c.(4) and 16.e.(1), 

that it has granted to other petitioners who presented substantially similar facts to that of Near 

Earth. 

J. 14 CFR 91.7(a) Civil aircraft airworthiness—prescribes that no person may 

operate a civil aircraft unless it is in an airworthy condition.

Near Earth requests an exemption from 14 CFR 91.7(a). Currently there is no standard 

for determining the airworthiness of a sUAS, and no airworthiness certificate can be issued for 

the Approved sUAS should this exemption be granted. 

An equivalent level of safety is met, given the size, weight, and performance 

specifications of the Approved sUAS, as well as the requirements contained in the flight 

operations described above, including the maintenance procedures and use of safety check lists 

prior to each flight that have been submitted as part of Exhibit A, which Near Earth requests be 

kept confidential. 

K. 14 CFR. 91.9(b)(2) Civil aircraft flight manual, marking, and placard 

requirements—prescribes, in pertinent part, that no person may operate U.S.-

registered civil aircraft 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. Approvals are granted under 14 CFR 91.203 (a) 

and (b).

Near Earth requests an exemption from 14 CFR 91.9(b)(2). First, there is currently no 

approval process for Airplane or Rotorcraft Flight Manuals for sUAS beyond the Section 333 

Exemption process. Second, the FAA has previously determined that relief from this section is 

not required, provided that relevant materials are kept in a location accessible to the PIC in 

compliance with the regulations. See the Trudeau Exemption at pg. 17. Near Earth has provided a 

flight operations manual and relevant materials for use during the sUAS operations, which it 
23

requires to be readily accessible to the PIC and VO during all sUAS operations. 

L. 14 C.F.R. 91.9(c) Civil aircraft flight manual, marking, and placard 

requirements—prescribes that “(c) No person may operate a U.S.-registered civil 

aircraft unless that aircraft is identified in accordance with part 45 of this chapter.”

Near Earth requests an exemption from 14 CFR 91.9(c). As previously stated, there is no 

current registration process for sUAS; and the Approved sUAS, due to its small size, does not 

have room to contain fireproof placard or to display aircraft marks in a conventional size. 

However, as a condition to the approval of petition, Near Earth is willing to affix an 

appropriately sized aircraft mark to the mainframe of the sUAS, if necessary. 

M. 14 CFR 91.103(b)(2) Preflight action—prescribes that each PIC shall, before 

beginning a flight, become familiar with all available information concerning that 

flight. This information must include... (b) For any flight, runway lengths at airports 

of intended use, and the following takeoff and landing distance information: (1) 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; and (2) 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.

Near Earth requests an exemption from 14 CFR 91.103(b)(2). Currently, there is no 

approval process for Airplane or Rotorcraft Flight Manuals. However, the Near Earth PIC will, 

prior to conducting any sUAS operations, become familiar with all available information 

concerning that flight. Such actions, described at length in this Petition, will include reviewing 

weather conditions and visibility, flight battery life, landing and takeoff distances, and all other 

aircraft performance data prior to any sUAS operations. The flights of the Approved sUAS will 

only be conducted at APS, with the PIC and VO having extensive knowledge of the operating 

environment. 

N. 14 CFR 91.109 Flight instruction; Simulated instrument flight and certain flight 

tests—prescribes, in pertinent part, 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.

Near Earth requests an exemption from 14 CFR 91.109. Remotely piloted aircraft, 

including the Approved sUAS, are designed and constructed without dual controls. Flight control 

will be accomplished through the use of a control box that communicates with the aircraft via 

radio communications. The equivalent level of safety is provided by the limited size and speed of 

the aircraft and by the fact that neither a pilot nor passengers will be carried in the aircraft. 

Moreover, the Approved sUAS has a control system with four modes that allows for varying 

mission control to achieve maximum safety and controlled operation of the Approved sUAS. 

O. 14 CFR 91.119 Minimum safe altitudes: General—prescribes that, except when 

necessary for takeoff or landing, no person may operate an aircraft below the 

following altitudes: (a) Anywhere. An altitude allowing, if a power unit fails, an 

emergency landing without undue hazard to persons or property on the surface. (b) 

Over congested areas. Over any congested area of a city, town, or settlement, or over 
24

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. (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. (d) Helicopters, powered parachutes, and 

weight-shift-control aircraft. If the operation is conducted without hazard to persons 

or property on the surface ... (1) A helicopter may be operated at less than the 

minimums prescribed in paragraph (b) or paragraph (c) of this section, provided each 

person operating the helicopter complies with any routes or altitudes specifically 

prescribed for helicopters by the FAA; and (2) A powered parachute or weight-shiftcontrol aircraft may be operated at less than the minimums prescribed in paragraph 

(c) of this section.

Near Earth requests an exemption from 14 CFR 91.119. Near Earth will not operate the 

Approved sUAS at an altitude higher than 400 feet AGL. Furthermore, while Near Earth will not 

be operating over any congested areas, the sUAS will necessarily be flown within 500 feet of the 

structures it will be examining. 

The requirements set out in this petition for the sUAS operations contemplated by Near 

Earth provide for an equal or greater level of safety than that which would be provided by the 

operation of manned aircraft maintaining a distance of at least “500 feet to any person, vessel, 

vehicle, or structure,” in light of the small size and relatively light weight of the sUAS, the close 

monitoring of the flight by both the PIC and the secondary ground crew member, the remote and 

secured nature of the operating environment, and the other detailed operating limitations 

described in this Petition. 

P. 14 CFR 91.121 Altimeter settings—prescribes, in pertinent part, 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.”

Near Earth requests an exemption from 14 CFR 91.121. Near Earth will not operate the 

Approved sUAS above 400 feet AGL, nor will it operate the sUAS at a sustained cruising 

altitude like a manned aircraft. The laptop used in the ground station has live feedback

information about the sUAS operation, including but not limited to, the altitude of the sUAS, its 

forward velocity, and the compass heading. The PIC will be able to observe and control the 

maximum altitude of the sUAS at all times. Additionally, the sUAS will be operated within the 

line of sight. For all these reasons, an equivalent level of safety to that contemplated by Section 

91.121 will be provided. 

Q. 14 CFR 91.151(a) Fuel requirements for flight in VFR conditions—prescribes that 

no person may begin a flight in an airplane under visual flight rules (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.

Near Earth requests an exemption from 14 CFR Part 91.151(a). The Approved sUAS will 

be operated in a manner that is at least as safe as the operation of a manned aircraft complying 
25

with Part 91.151(a) because the sUAS will only be flown in daylight, and the short distances 

over which the sUAS will be operated (substantially less than one mile) will allow the sUAS to 

be flown to a safe landing point within the area of operation in a short period of time. 

During the entire pre-programmed flight, the PIC will always have a visual line of sight 

and be prepared to take over. The PIC’s GCS has a flight count down timer, which is set to a 

minimum of 25% battery reserve; more than enough to safely fly the sUAS back to the 

designated “home” area. 

Given the limited size and speed of the sUAS, its ability to land safely almost anywhere, 

the fact that it will be under the PIC and VO’s visual observation at all times, and will be 

operated in a tightly controlled area, where all people other than the PIC and VO will be 

removed before flight, permitting its operation with less than 30 minutes of reserve “fuel” 

(battery life) does not engender the type of risks that Section 91.151(a) was intended to alleviate. 

R. 14 CFR 91.203(a) and (b) Civil aircraft: Certifications required—. Section 

91.203(a) prescribes, in pertinent part, that no person may operate a civil aircraft 

unless it has within it—(1) An appropriate and current airworthiness certificate; and 

(2) An effective U.S. registration certificate issued to its owner or, for operation 

within the United States, the second copy of the Aircraft Registration Application as 

provided for in § 47.31(c). Section 91.203(b) prescribes, in pertinent part, that no 

person may operate a civil aircraft unless the airworthiness certificate or a special 

flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance 

so that it is legible to passengers or crew.

Near Earth requests an exemption from 14 CFR 91.203(a) and (b). First, there currently 

are no procedures set forth by the FAA for providing airworthiness certificates for sUAS (beyond 

the Section 333 exemption process). As a condition to the approval of exemption, however, Near 

Earth will display on the sUAS a registration certificate or equivalent that is issued by FAA 

pursuant to this petition at the ground point control, where the operator will have immediate 

access to it. 

Second, the UAV that Near Earth will use weighs less than 55 pounds, and has an 

equivalent, if not greater, level of safety as manned aircraft with an airworthiness certificate. The 

flight controller and GCS provides a number of safety features in addition to acting as the 

command and sUAS controller. Because of the use of GPS with the sUAS, the operator will set 

the initial location of flight takeoff (“Home” Waypoint) and if the radio control link is broken, 

the flight controller will recognize this broken control link and cause the UAV to automatically 

return to the Home waypoint as recorded by the GPS instrumentation. 

In the restricted environment and under the conditions proposed, operation of the sUAS 

will be at least as safe as a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate, but without the restrictions and conditions proposed by Near Earth. 

Near Earth will not accept assignments from clients who are within 5 miles of controlled 

airspace without first gaining written and/or oral permission from air traffic control (ATC), and 

obtaining a letter of agreement from airport management. 

The Approved sUAS to be operated hereunder is less than 55 pounds inclusive of 

batteries and technical payload, carries neither a pilot nor passengers, and carries no explosive 

materials or flammable liquid fuels. The Approved sUAS will be tightly controlled and 
26

monitored by the PIC and VO, and under the requirements and in compliance with local public 

safety requirements, to provide security for the area of operation. The FAA will have advance 

notice of all operations. These safety enhancements provide a greater degree of safety to the 

public and property owners than conventional operations conducted with airworthiness 

certificates. Lastly, application of these same criteria demonstrates that there is no credible threat 

to national security posed by the Approved sUAS, due to its size, speed of operation, location of 

operation, lack of explosive materials or flammable liquid fuels, and inability to carry a 

substantial payload. 

S. 14 CFR 91.405(a) Maintenance Required, 91.407(a)(1) Operation after 

maintenance, preventive maintenance, rebuilding, or alteration, 91.409(a)(2) 

Inspections, 91.-417(a) and (b) Maintenance Records—Section 91.405(a) 

prescribes, in pertinent part, that each 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, Maintenance, Preventive, Maintenance, Rebuilding, 

and Alteration. Section 91.407(a)(1) prescribes that no person may operate any 

aircraft that has undergone maintenance, preventive maintenance, rebuilding, or 

alteration unless it has been approved for return to service by a person authorized 

under § 43.7 of this chapter. Section 91.409(a)(2) prescribes, in pertinent part, that no 

person may operate an aircraft unless, within the preceding 12 calendar months, it has 

had an inspection for the issuance of an airworthiness certificate in accordance with 

part 21. Section 91.417(a) and (b) prescribe, in pertinent part, that ... (a) 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 

will include ... (i) a description (or reference to data acceptable to the Administrator) 

of the work performed; (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 that 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) 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 
27

retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of 

defects furnished to a registered owner or operator under § 43.11 shall be retained 

until the defects are repaired and the aircraft is approved for return to service.

Near Earth requests an exemption from 14 CFR 91.405(a), 91.407(a)(1), 91.409(a)(2), 

91.-417(a) and (b). Near Earth respectfully submits that it has demonstrated in its Petition that 

the capability of the PIC and sUAS operators to maintain and repair the Approved sUAS meets 

Section 333’s requirement for an equivalent level of safety. The PIC will perform routine 

maintenance and inspection of the Approved sUAS and be authorized to approve the Approved 

sUAS for return to service. Additionally, the PIC will ensure that the Approved sUAS is in an 

airworthy condition prior to any flight, and will conduct detailed inspections pursuant to the 

maintenance manuals. Detailed inspection records will be kept at all times by Near Earth. Given 

the size, construction, and simplicity of the Approved sUAS, an equivalent level of safety is 

provided. 

X. Certificate of Authorization or Waiver

This exemption request is a prerequisite to Near Earth’s application for a commercial 

COA to use the Approved sUAS for the purpose of conducting aerial demonstrations, surveying, 

mapping, inspections, and site monitoring. 

XI. Conclusion

Near Earth respectfully submits that it has demonstrated that (i) the Approved sUAS have 

satisfied the FAA’s airworthiness assessment as demonstrated by previous Section 333 

Exemptions, (ii) the PIC and VO have the requisite knowledge and experience to ensure the safe 

operation of the Approved sUAS, (iii) Near Earth has provided and will comply with the 

operation procedures and parameters that further ensure safe sUAS operations in the NAS, 

removing any legitimate threat of harm to humans and property, including other manned aircraft, 

and (iv) Near Earth’s proposed operations, which include without limitation, the use of the 

Approved sUAS to demonstrate its products and services for use in aerial data acquisition, 

monitoring, mapping, and surveying of secure project sites for the benefit of a variety of 

industries, achieve a level of safety equal to or greater than that which would be achieved by 

flying a larger manned aircraft carrying crew and flammable fuel for the same purposes. In 

addition, permitting use of the Approved sUAS will achieve various economic and 

environmental benefits, as well as significant efficiencies, associated with cost, labor, and safety, 

that serve the public interest.

Near Earth asks that the FAA grant its request for exemption from the above described 

FARs under Section 333, and approve its operation of the Approved sUAS in the national 

airspace in accordance with the limitations and restrictions set forth herein.