July 30, 2015

Federal Aviation Administration

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE 

Washington, DC 20590

Re: Exemption Request under Section 333 - Small UAS

Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems”,

provides a mechanism for seeking expedited FAA authorization of safe civil UAS

operations in the NAS. Section 333(a) states that the FAA “shall determine if

certain unmanned aircraft systems may operate safely in the national airspace

system before completion of the (comprehensive) plan and rule making

required by section 332(b)(1) of this Act or the guidance required by

section 334 of this Act.” In Section 332(b)(1), The Petitioner “ Sabrecross, Inc.,” proposes the

following exemptions and meets all

requirements to permit FAA approval of commercial UAS operations.

The proposed exemption, if granted, would allow Petitioner to conduct commercial

operations of small unmanned aircraft systems (“UAS”) meeting or exceeding all of the

operational and safety requirements Congress has set forth in Section 333.

Petitioner is an aerial and technical photography company that plans to exploit the

capabilities of Unmanned Aerial Systems to offer a multitude of services, including:

- Aerial surveying

- Agriculture

- Aerial filmmaking and photography

- Real Estate

- Construction site inspections and monitoring

- Educational and research operations

(a) The name and contact information of the applicant are:

Attn: Rick McGee

Sabrecross, Inc.

P.O. Box 2241

3030 W. Champagne Court

Eagle, ID 83616

Regulations from which the exemption is requested: 

14 CFR Part 21

14 CFR 36 

14 CFR. 45.23(b), 45.27, 45.29 

14 CFR 61.113 (a) & (b) 

14 CFR. 91.7 (a) 
14 CFR 91.9 (b) (2) 

14 CFR. 91.103 

14 CFR. 91.109 

14 CFR. 91.119 

14 CFR. 91.121 

14 CFR 91.151 (a) 

14 CFR 91.203 (a) & (b) 

14 CFR 91.405 (a) 

14 CFR 407 (a) (1) 

14 CFR 409 (a) (2) 

14 CFR 417 (a) & (b) 

(c) The extent of relief sought is for the duration of the Grant of Exemption,

unless otherwise specified.

The reason to seek the relief is as follows:

I. 14 CFR 21

i. The petitioner requests relief from 14 CFR part 21. The UAV is a small rotor craft

weighing less than 30 pounds during operation. The UAV maximum speed is under 50 mph.

The PIC will maintain VFR Rules flying at no more than 400 feet and will operate the UAV

during the day in line-of-sight so as not to create a hazard to users of the National Airspace

System or the Public or pose a threat to national security.

II. 14 CFR 36

The Petitioner requests relief from any associated noise certification and testing

requirements of part 36. As a note, according to the manufacturer’s specifications, the

UAV operates below 40db within 50 meters.

III. 14 CFR 45.23

 The UAV does not currently display marks consisting of the Roman capital letter “N”

followed by the registration number of the aircraft in compliance with 14 CFR 45.23 and

14 CFR 45.27. The Petitioner will register the UAV with the FAA and ensure UAV is marked as

appropriate before using the UAV in the NAS for commercial purposes.

IV. 14 CFR 45.29

The Petitioner request relief from the size requirements under this section due to the

size limitations of the UAV. We propose to use marks as large as possible on the UAV

as well as keep registration information with the PIC during operation.

V. 14 CFR 61.113

The Petitioner requests relief from 14 CFR part 61.113 The flight is only incidental to the

proposed business or employment; and the aircraft does not carry passengers or property for

compensation or hire. However, The applicant contact is a fixed wing S/ME IFR rated US

airman with a second class medical.

VI. 14 CFR 91.9

Relevant materials shall be kept in a location accessible to the PIC in compliance with the

regulations.

VII. 14 CFR 91.103
This section does not apply to small UAV due to restrictions already imposed under 333. All

flights are VFR. However, The PIC will follow all other applicable pre-flight actions as

recommended by the manufacturer, including reviewing weather, flight requirements, and

aircraft performance data before initiation a flight.

VIII. 14 CFR 91.119(b,c)

The Petitioner requests relief from this section because altitude restrictions are already provide

within 333 and minimum vertical obstacle clearances are greater than currently approved for

333 UAS operations. The PIC will ensure the UAV is operated in controlled environment and as

defined in section (d), If the operation is conducted without hazard to persons or property on the

surface.

IX. 14 CFR 91.151

The Petitioner requests exemption from this section due to the maximum flight time

available from this UAV. The UAV total flight time is limited to 30 minutes and therefore

the PIC would not be able to meet the minimum standards and still conduct the

inspections. The UAS is equipped with a visual battery indicator that displays the battery levels

at all time.

Additionally, the UAS has a visual alarm that indicates when the battery reaches a state

of 20% battery life, or approximately 7 minutes of flight time. These indicators, coupled

with pilot awareness and the emergency return-to- station setting will supply ample time

to land the UAV safely in the event of low battery.

X. 14 CFR 91.203

The Petitioner requests relief from 14 CFR 91.203 as the appropriate airworthiness

certificate does not exist for this UAS. Additionally, the certificate cannot be displayed in the

aircraft due to the size and physical structure of the UAV.

XI. 14 CFR 91.405, 407, 409, 417

The Petitioner requests relief from 14 CFR 91.405, 407, 409, and 417 The above-cited

regulations require, in general, aircraft owners and operators to inspect the aircraft “...as

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

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

chapter.” These regulations apply to aircraft with an Airworthiness Certificate. Therefore, these

sections are not applicable to this UAS. Operators will adhere to requirements located within the

operations manual.

(d) The reasons why granting this request would be in the public interest; that is,

how it would benefit the public as a whole

I. Personnel Safety

Construction sites and land movements are areas of his risk for inspector and

any foot traveler. With the help of UAS more complete site inspections can be

performed without risking the life and safety of employees.

II. Access to remote or Unreachable areas

Segments of Construction Sites, dams, farms, pipelines, and bridges may

currently be or become unreachable, partially obscured, or impracticable for

inspection by conventional means, such as physically walking the line, or utilizing
airplane or helicopters for inspections. Access to assets can also be partially or

completely blocked by environmental singularities, such as vegetation growth, or

blocked by mechanical means such as vehicle accidents, new construction, or road

maintenance. The use of our UAV will ensure access to remote or impassable areas on

an as-needed basis as well as during or after uncontrolled singular events.

III. Cost Effectiveness

 Currently, multiple personnel consisting of agency officials, employees and/or

contractors are often required to conduct field inspections on large projects over

vast amounts of terrain in order to ensure public safety and meet regulatory

requirements. Inspections can require a substantial amount of person-hours and

persist for days or weeks at a time due to terrain and accessibility issues.

Factoring in engineering, planning & scheduling, safety meetings, mileage,

recovered man-hours, potential down time due to injury, potential worker’s

compensation savings, and the intangible consideration of keeping employees

injury-free, the current system of inspecting these assets becomes cost prohibitive. UAV

inspections in select areas are timelier, safer and more efficient

than the conventional methods for conducting these inspections. Our UAV

inspections will free up otherwise occupied employees, and provide a more

economic approach to the traditional inspection, thus lowering operational costs.

Lower overhead for corporations could lead to end-user savings such as

decreased utility bills.

(e) The reasons why granting the exemption would not adversely affect safety, or

how the exemption would provide a level of safety at least equal to that provided

by the rule from which the exemption is sought

The petitioner states that the unmanned aircraft (UA) to be operated under this

request is less than 25 lbs. fully loaded, flies at a speed of no more than 44 knots,

carries neither a pilot nor passenger and operates exclusively within a secured area as

set out in the POH. 

The crafts are the Chroma, a Quad-rotor (with 4 motors), manufactured by Horizon

Hobby. The Tarot 680 is a hex rotor-type design that has six motors, manufactured by

Sabrecross, Inc. All systems include GPS system, full autonomous autopilot capabilities,

telemetry and manual ground control.

In addition, each craft has integrated safety features built into the design of the

UAS, as described in the POH, to ensure the safety of persons and property

within and surrounding the limited operating area. In the event of a

communication loss in manual control, the UAS switches to GPS control and

return to its takeoff coordinates to perform a “Fail Safe Landing” within the 

Security Perimeter. It will also have the capability to abort a flight in the event of

unpredicted obstacles or emergencies.

II. The aircraft will be operated with both a PIC and a ground-based Visual

Observer (VO) in accordance with FAA Policy N 8900.227 Section 14,

Operational Requirements for UAS. Operations will be conducted with the permission of

the land owner. A Observer will be present during UAS flight operations The PIC will file

a Notice to Airmen (NOTAM) providing location and a date/time of the flight.
III. This exemption will provide a greater level of safety to that provided by the rule

from which the exemption is sought. Because UAS flights are not currently authorized for

commercial use, methods for inspecting, surveying assets are limited to pedestrian or

helicopter operations. Where helicopter operations are not feasible due to environmental

or mechanical obstructions, and or Structural elements, utilizing the UAV will provide a

safe alternative to the inherent dangers of walking through these regions to conduct the

required inspections. The small size, extreme maneuverability and zoom capabilities on

the camera allow for a safe, unimpeded inspection of critical infrastructure assets.

(f) Summary to publish in the Federal Register

Sabrecross, Inc, seeks exemption under §333 of the FAA

Modernization and Reform Act of 2012 (Public Law 112-95) from 14 CFR 21; 14 CFR 36, 45.23;

45.27, 45.29; 61.113; 91.9(b) (2); 91.103(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a)&(b);

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

The exemption would allow commercial operation of small Unmanned Aircraft Systems (UAS)

for aerial surveillance and observation, cinematography, aerial photography, inspection focused

on Construction and Technical Applications, surveying, mapping, and other related services.

CONCLUSION 

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 – provide more than adequate justification for the grant of the requested

exemptions allowing commercial operation of Sabrecross, Inc UAS for aerial surveys, cinematography and

photography.