June 30, 2015

Exemption No. 11966

Regulatory Docket No. FAA–2014–1016

Mr. Jerry Brandau

3132 Lancer Avenue

Osage, IA 50461

Dear Mr. Brandau:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated December 8, 2014, you petitioned the Federal Aviation Administration (FAA) 

for an exemption. The petitioner requested to operate an unmanned aircraft system (UAS) to 

conduct aerial photography, agriculture field inspection, and aerial property monitoring.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

Discussion of Public Comments:

A summary of the petition was published in the Federal Register on January 8, 2015, 

(80 FR 1067). Three commenters, including the Air Line Pilots Association, International 

(ALPA), the National Agricultural Aviation Association (NAAA), and an anonymous 

individual opposed the petition.

ALPA expressed concern that the petitioner requested the DJI Phantom 2 be considered by 

the FAA as an ultralight aircraft. ALPA stated that this UAS has been and should be 

considered for exemptions under Section 333 of the FAA Modernization Act of 2012. ALPA 

argued that the DJI Phantom 2 should not be treated any differently than other UAS that apply

for exemptions to the regulations. ALPA noted that the petitioner’s request does not state in 
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specific terms what flight operation is to be conducted under Section 333. ALPA argued that, 

in the broadest sense, the petition should clearly identify the operation, relevant exemptions, 

and mitigations to support the basis of the request for exemption. 

The FAA has reviewed the petitioner’s request and has determined that the proposed UAS 

operation does not greatly differ from those exemptions previously granted under Section 333. 

Therefore, the FAA will handle the petitioner’s request in a similar manner.

NAAA noted that its members operate in low-level airspace, and therefore clear low-level 

airspace is vital to the safety of these operators. NAAA stated that seeing and avoiding other 

aircraft and hazardous obstructions is the backbone for agricultural safety, and that 

agricultural pilots depend on pilots of other aircraft to perform their see-and-avoid functions 

to prevent collisions. NAAA believes UAS operations at low altitudes will increase the 

potential for collision with agricultural aircraft. 

The FAA recognizes these concerns and has incorporated associated conditions and 

limitations into this exemption, including: (a) a Notice to Airmen (NOTAM) issued for all 

operations; (b) operations conducted within VLOS of the pilot in command (PIC) and the VO; 

and (c) the UAS PIC must always yield right-of-way to manned aircraft.

NAAA stated that FAA airworthiness certification should be a requirement for all unmanned 

aircraft to operate within the NAS. NAAA recommended UAS be equipped with ADS-B or 

similar identification and positioning systems, strobe lights, high-visibility markings and 

registration numbers. NAAA also recommended UAS be operated strictly within the line-ofsight of the ground controller, with the assistance of a VO and clear of any low-flying manned 

aircraft. 

As discussed below, Section 333 of the FAA Modernization and Reform Act of 2012 

authorizes the Secretary of Transportation to determine, considering a number of factors laid 

out in the statute, that an airworthiness certificate is not necessary for certain operations. The 

Secretary has made that determination in this case and therefore the aircraft operated by the 

petitioner will not need to be certificated by the FAA.

An anonymous individual commented that an exemption should require the pilot in command 

to hold an FAA-issued license, as well as a fixed wing airplane license rating. The commenter 

asserted that all PICs of a UAS must have attended, passed, and completed, within 2 years, an 

FAA approved ground school program equivalent to that required by manned aircraft pilots.

The FAA has reviewed the knowledge and training requirements of sport, recreational, private 

and commercial certificates and concluded that a UAS PIC holding a minimum of a sport 

pilot certificate, and operating under this exemption, would not adversely affect operations in 

the NAS or present a hazard to persons or property on the ground.
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Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom Vision+. 

In accordance with the statutory criteria provided in Section 333 of Public Law 112−95 in 

reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited 

operating area associated with the aircraft and its operation, the Secretary of Transportation 

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA 

finds that the relief from 14 CFR part 21, Certification procedures for products and parts, 

Subpart H—Airworthiness Certificates, and any associated noise certification and testing 

requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Jerry Brandau is granted an exemption from 14 CFR 

§§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 

91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the 

extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. 

This exemption is subject to the conditions and limitations listed below.
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Conditions and Limitations

In this grant of exemption, Jerry Brandau is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 

Vision+ when weighing less than 55 pounds including payload. Proposed operations 

of any other aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (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.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 
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Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its 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.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

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

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 
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operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 
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(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

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

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

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.
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29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.

This exemption terminates on July 31, 2017, unless sooner superseded or rescinded.

Sincerely,

John S. Duncan

Director, Flight Standards Service

Enclosures
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MR. JERRY BRANDAU

3132 LANCER AVE

OSAGE, IA 50461
United States Department of Transportation

Docket Operations

1200 New Jersey Ave.SE

West Building Ground Floor Room W12-140

Washington DC 20590

Re: Exemption Request Pursuant To Section 3 3 3 of the FAA Reform Act of 2012

Dear Sir or Madam:

I am writing pursuant to the FAA Modernization and Reform Act of2012 (the "Reform Act")

and the procedures contained in 14 C.F .R. 11, to request that Jerry Brandau and Lisa Brandau, owners

and operators of a small UAS, be exempted from the Federal Aviation Regulations (FAR's) listed below.

The exemption is needed in order to operate a small lightweight unmanned aircraft system (UAS) 

commercially in airspace regulated by the Federal Aviation Administration (FAA). These operations will 

be conducted within and under the conditions outlined herein or as may be established

by the FAA as required by Section 333.§11.81.

The following aspects of Section 333 of the FAA Modernization and Reform Act of 2012 should be 

considered.

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

capability, proximity to airports and populated areas, and operation within visual line of sight do not 

create a hazard to users of the national airspace system or the public or pose a threat to national 

security; and

The operated UAS, Phantom 2 Vison plus, meets all the requirements of an Ultralight aircraft 

except for the ability to carry a passenger. This aircraft is under 254 pounds as required for 

powered Ultralights, they are electric so they have less than 5 gallon fuel capacity, it is not 

capable of speeds over 55 knots, and it’s power-off stall speed is under 24 knots calibrated 

airspeed. If as requested, it is classified as an Ultralight Aircraft by regulations it cannot be used 

in congested airspace and can only be used in Class G Airspace without special authorization. As 

part of this application the UAS will only be used Line of sight in order to meet the public safety 

requirement of an exemption to Title 14 Chapter I Subchapter F Part 103 Subpart B §103.21

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

section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems 

identified under paragraph (1).

If as requested this UAS is classified as an Ultralight, it would not require a certificate of waiver, 

certificate of authorization, or airworthiness certification. As part of this application I will apply 

for a Certificate of Authorization so this UAS could support local Emergency Services as

necessary.
The following information is submitted to meet the requirement of the above act.

1. Name and address 

a. Jerry Brandau, Lisa Brandau 

b. 3132 Lancer Ave, Osage Iowa 50461

2. Section of 14 CFR from which I seek an exemption

a. 103.1 (a) Is used or intended to be used for manned operation in the air by a 

single occupant.

b. 103.1 (b) Is used or intended to be used for recreation or sport purposes only.

c. 103.21 No person may operate an ultralight vehicle except by visual reference 

with the surface.

3. The extent of relief you seek, and the reason you seek the relief

a. 103.1 (a) Request the operation of the air vehicle as an UAS. By definition it will 

not be manned.

b. 103.1 (b) Request that the UAS be allowed to be used for commercial purposes. 

It will be used for aerial photograph, agriculture field inspection and aerial 

property monitoring.

c. 103.21 Request that the vehicle be operated by visual reference “from the 

ground ”not “with the ground”. This will be accomplished by maintaining 

maximum altitude and distance from the PIC of 200ft.

4. The reasons why granting your request would be in the public interest; that is, how it 

would benefit the public as a whole.

a. By designating small UAS as Ultralight Aircraft and setting below requirements 

for an exemption to the probation for commercial use, public safety will be 

greatly enhanced. With the low cost of these devices many are in the process of 

using them in a non-regulated none tracked manner. In addition to the the 

exemption list above the PIC will follow the below requirements.

i. 50 hours of flight time prior to use for commercial purposes. The hours 

will be documented on the standard FAA Log book.

ii. Completion of an FAA Grounds school program or home study course 

and successfully completion of the knowledge test.

b. The above stipulations along with the designation of this UAS as Ultralight will 

enhance public safety in the following ways.

i. Aircraft and PIC will be registered and connected to allow for 

accountability.

ii. Presently, with their low cost of these devices may people are operating 

these UASs in a non-regulated manner. By providing a way for the 

Aircraft to be registered to a Specific PIC, if there is an incident the 

aircraft can be traced back to an individual. I will notify the FAA if an 

aircraft is added or removed from the fleet.

1. UAS, Phantom 2 vision plus s/n PH645383038 v2

2. PIC Jerry Brandau and Lisa Brandau
iii. By matching the UAS to the PIC the FAA can review the log book to 

ensure that the PIC has spent the time with the particular aircraft to 

ensure safety.

iv. Although the UAS has a home function as a redundant safety feature, if 

the Aircraft should malfunction and not respond to the transmitter or 

home function, the PIC will notify the area controlling station in the 

same manner as an accidently released tethered balloon. Once an 

Aircraft is found the Serial number of the Aircraft can confirm the PIC 

responsible for it.

c. By designating the Aircraft as an Ultralight the rules and regulation for its 

operation are already established for safe operation in public airspace.

i. The Aircraft cannot operate above a congested gathering nor can it 

operate above congested parts of a town or city.

ii. The Aircraft can only operate within the hours of daylight, unless it has 

the applicable markings and safety light.

iii. The Aircraft can only operate in class G airspace. This will keep the 

aircraft away from other air traffic.

iv. The aircraft can only operate in airspace as stipulated by the cloud cover 

requirements within the proper 103. Ensuring safe operation around 

other aircraft.

d. As stipulated in the application I am asking for an exception stating that the UAS

can only operate less than 200 feet AGL. Although this more restrictive then the 

Ultralight requirements it will insure a clear line of sight connection between 

the PIC and the UAS.

e. Aircraft will operate in airspace controlled by emergency personnel only when 

PIC is in direct voice contact with Incident Commander or Designee.

f. Designating the UAS as an Ultralight, the following regulations will not apply 

however public safety will not be reduced by the actions listed and will be 

enhance by not being overly burdensome to the operator and increasing 

compliance. 

i. As stipulated in 103.7 (c) An "N" number will not be required. The "N" 

number is used for Aircraft identification. Limiting the Aircraft to Class 

G Airspace or Airspace controlled by emergency personnel under 

Incident commander control eliminated the need for visual 

identification of an aircraft within an Airport control. The requirement 

of the "N" number for accident identification is fulfilled by the 

registration of the Aircraft and the PIC.

ii. As stipulated in 103.7 (b) An Air worthiness certificate is not required 

and due the size of the drone. Similar to other Ultralight aircraft, the 

safety hazard represented by the Aircraft is limited. Also the 

requirement the aircraft will operate only in line of sight of the PIC and 

not over congested areas further reduce any hazard. Mandating that 
the PIC has a $1 million dollar insurance policy ensure that proper 

restitution can be made if an incident does occur. Public safety is 

improved by reducing the burden on operator to ensure proper 

registration and ensuring that the PIC is properly insured and trained.

iii. As stipulated in 103.7 (a) a pilot certificate is not required. Due to the 

differences in flying a UAS and operating a manned aircraft for personal 

of commercial use, little is gained from requiring one of these 

certifications for UAS operation. Passing the practical test and showing 

required logged time in a manned aircraft will not increase the safety of 

the drone operation. This being said, the part of the pilot certification 

that would be applicable is the knowledge and ground school portion of 

the certification. This part of the certification would give the PIC an 

understanding of the aircraft operations that the UAS will share NAS 

with and the importance of staying within its operating parameters. 

The Knowledge test is also only good for two years and will have to be 

renewed insuring recertification of a UAS operating permit. Public 

safety will also be enhanced by requiring that an FAA log be filled out 

showing knowledge of Specific UAS operation. The above will ensure 

public safety while not placing a burden on UAS operators that may 

encourage unregistered operation.

g. My request for an exemption differs from the majority of request that I have 

read but has many advantages.

i. Starting with the stipulating that these small drones are Ultralight 

aircraft, many of the rules and regulations necessary to keep a 

separation from other manned aircraft are already in effect.

1. No person may operate an ultralight vehicle except between 

the hours of sunrise and sunset.

2. Notwithstanding paragraph (1) of this section, ultralight vehicles 

may be operated during the twilight periods 30 minutes before 

official sunrise and 30 minutes after official sunset or, in Alaska, 

during the period of civil twilight as defined in the Air Almanac, 

if:

a. The vehicle is equipped with an operating anti-collision

light visible for at least 3 statute miles; and

b. All operations are conducted in uncontrolled airspace.

3. Each person operating an ultralight vehicle shall maintain 

vigilance so as to see and avoid aircraft and shall yield the rightof-way to all aircraft.

4. No person may operate an ultralight vehicle in a manner that 

creates a collision hazard with respect to any aircraft
5. No person may operate an ultralight vehicle over any congested 

area of a city, town, or settlement, or over any open air

assembly of persons. 

6. UAS can only be operated in Class G airspace

a. No person may operate an ultralight vehicle within Class 

A, Class B, Class C, or Class D airspace or within the 

lateral boundaries of the surface area of Class E airspace 

designated for an airport unless that person has prior 

authorization from the ATC facility having jurisdiction 

over that airspace

7. Any person operating an ultralight vehicle under this part shall, 

upon request, allow the Administrator, or his designee, to 

inspect the vehicle to determine the applicability of this part.

8. No person may operate an ultralight vehicle in prohibited or 

restricted areas unless that person has permission from the 

using or controlling agency, as appropriate.

9. No person may operate an ultralight vehicle in areas designated 

in a Notice to Airmen under §91.137, §91.138, §91.141, §91.143 

or §91.145 of this chapter, unless authorized by:

a. Air Traffic Control (ATC); or

b. A Flight Standards Certificate of Waiver or 

Authorization issued for the demonstration or event.

10. The pilot or operator of an ultralight vehicle must, upon request 

of the Administrator, furnish satisfactory evidence that the 

vehicle is subject only to the provisions of this part.

11. No person may operate any ultralight vehicle in a manner that 

creates a hazard to other persons or property.

12. No person may allow an object to be dropped from an ultralight 

vehicle if such action creates a hazard to other persons or 

property.

13. No person may conduct operations that require a deviation 

from this part except under a written waiver issued by the 

Administrator. This section mandates that several aspect of 

Section 107 be waived ensuring proper registration of UAS 

being used in a commercial enterprise and that the PIC is 

properly experienced. 

ii. Stipulating these small UAS as ultralight aircraft an Airman certification 

is not required. By stipulating that the knowledge test portion of the air 

certification is enforced, all operators will be required to understand the 

requirement to keep UAS away from manned aircraft and the rules in 

which they will operate ensuring public safety. 
iii. Mandating document hours on the specific UAS prior to commercial use 

will ensure public safety by ensuring the PIC is proficient a particular 

airframe. This will also mandate the proper documentation to prove 

this proficiency.

h. There is no request to exercise the privileges of your exemption outside the 

United States.

Respectfully submitted

Jerry Brandau