September 12, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Modernization and Reform Act and Part 11 

of the Federal Aviation Regulations from 14 CFR Part 21, Subpart H; 14 CFR 45.23 (b); 

14 CFR 61.23 (a) & (c); 61.101 (e) (4) & (5); 61.113 (a) & (b); 61.315 (a) & (c); 91.7 (a); 

91.119 (c); 91.121; 91.151 (a) (1); 91.405 (a); 91.407(a) (1); 91.409 (a) (1) & (2); and 

91.417 (a) & (b)

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) 

and 14 C.F.R. Part 11, Thrasher Group, the operator of small unmanned aircraft systems 

(sUAS) equipped to conduct aerial photography and videography for general survey industries, 

hereby applies for an exemption from the listed Federal Aviation Regulations (FAR) to allow 

commercial operation of its sUASs, so long as such operations are conducted within and under 

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

As described more fully below, the requested exemption would permit the operation of 

sUASs in low altitude airspace and provide safety enhancements to the already safe operations 

for general aerial survey presently using conventional aircraft. Approval of this exemption would 

thereby enhance safety and fulfill the Secretary of Transportation’s (the Federal Aviation 

Administration (FAA) Administrator’s) responsibilities to “...establish requirements for the safe 

operation of such aircraft systems in the national airspace system.”

The name and address of the applicant: 

Thrasher Group

Attn: Dan Wheeler

Ph: 304-624-4108 x1125

Email:dwheeler@thrashereng.com

Address: 600 White Oaks Blvd., P.O. Box 940, Bridgeport, WV 26330
Regulations from which the exemption is requested:

14 CFR Part 21 Subpart H, Airworthiness Certificates

14 CFR 45.23 (b), Aircraft Marking, Certification, and Registration

14 CFR 61.23 (a) & (c), Medical Certificates

14 CFR 61.101 (e) (4) & (5), Recreational Pilot Privileges

14 CFR 61.113 (a) & (b), Private Pilot Privileges 

14 CFR 61.315 (a) & (c), Sport Pilot Privileges

14 CFR 91.7 (a), Civil aircraft airworthiness

14 CFR 91.119 (c), Minimum safe altitude

14 CFR 91.121, Altimeter setting

14 CFR 91.151 (a) (1), Fuel requirements for VFR flight

14 CFR 91.405 (a), Maintenance and maintenance inspections

14 CFR 91.407 (a) (1), Operation after Maintenance, preventive maintenance, rebuilding 

and inspections

14 CFR 409 (a) (1) & (2), Inspections

14 CFR 417 (a) & (b), Maintenance records

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 

333 (a) through (c) of the Reform Act. This law directs the Secretary of Transportation to 

consider whether certain unmanned aircraft systems may operate safely in the national airspace 

system (NAS) before completion of the rulemaking required under Section 332 of the Reform 

Act. In making this determination, the Secretary is required to determine which types of UASs 

do not create a hazard to users of the NAS or to the public, or pose a threat to national security 

in light of the following:

 The UAS’s size, weight, speed, and operational capability

 Operation of the UAS in close proximity to airports and populated areas

 Operation of the UAS within visual line of sight of the operator

Lastly, if the Secretary determines that such vehicles may operate safely in the NAS, the 

Secretary shall establish requirements for the safe operation of such aircraft in the NAS. 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This 

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under 

§40101 of the Act, that includes sUASs from the requirement that all civil aircraft must have a 

current airworthiness certificate.

The Administrator may grant an exemption from a requirement of a regulation prescribed 

under subsection (a) or (b) of this section or any sections 44702-44716 of this title if the 

Administrator finds the exemption is in the public’s interest. 
Thrasher Group’s sUASs are fixed wing, weighting less than 5 or fewer pounds including its 

payload. They operate, under normal conditions, at a speed of no more than 50 knots. They

will operate only in line of sight of the pilot in command (PIC) and will utilize a safety observer. 

Such operations will insure that the sUAS will “not create a hazard to users of the national 

airspace system or to the public.” 

Given the small size of the sUASs involved, the applicant 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 UASs to commence immediately. Also due to the 

size of the UASs, approval of the application presents no national security issue. Given the 

clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation 

Act, as amended, the strong equivalent level of safety surrounding the proposed operations, the 

significant public benefits, enhanced safety, reduced environmental impacts, including reduced 

emissions, that are associated with allowing UASs for general survey data collections, the grant 

of the requested exemptions is in the public interest. Accordingly, the applicant respectfully 

requests that the FAA grant the requested exemption without delay.

Aircraft and Equivalent Level of Safety

The applicant proposes that the exemption requested herein apply to civil aircraft that have 

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

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

regulatory structure because the proposed operations represent a safety enhancement to the 

already safe aerial survey data collection operations conducted with conventional aircraft and 

helicopters.

 Limitations and Conditions. These limitations and conditions to which Thrasher 

Group agrees to be bound when conducting general survey data collection 

operations under an FAA-issued exemption include:

o Each sUAS will weigh less than 5 pounds full payload.

o Flights will be operated within line of sight of a pilot and/or observer.

o Maximum total flight time for each operational flight will not exceed 15 minutes. 

Flights will be terminated at 25% battery power reserve should that occur prior to 

the 15-minute limit.

o Documents used by the operator to ensure the safe operation and flight of the 

sUAS and any documents required under 14 CFR §§91.9 and 91.203 will be 

available to the PIC at the ground control station of the sUAS any time the 

aircraft is operating. These documents will be made available to the FAA 

Administrator or any law enforcement official upon request. Thrasher Group’s

documentation includes: the User Manual eBee Revision 8, August 12, 2013; 

and the Thrasher Group Checklist for UAS Operations.

o Flights will be operated at an altitude of no more than 400 feet above ground 

level (AGL), and geofencing is enabled to restrict the altitude. 

o Minimum crew for each operation will consist of the sUAS pilot and the visual 

observer.

o The sUAS pilot will be an FAA-licensed airman with a current valid driver license.
o The sUAS pilot will be the PIC. 

o A briefing will be conducted in regard to the planned sUAS operations prior to 

each flight. It will be mandatory that all personnel who will be performing duties 

related to the flight be present for this briefing.

o Pilot and observer will have been trained in the operation of the sUAS and will 

maintain currency in its operation.

o Observer and pilot will be able to communicate by voice at all times.

o 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.

o If the sUAS loses communications, the UAS will have the capability to return to 

the launch location and land. If GPS navigation is lost, the sUAS will initiate an 

automatic landing, or it can be held in position or controlled manually for 

avoidance and redirection.

o The sUAS will have the capability to abort a flight in case of unpredicted 

obstacles or emergencies.

o The radio frequency spectrum used for operation and control of the sUAS shall 

comply with the Federal Communications Commission (FCC) or other 

appropriate government oversight agency requirements.

o The sUAS shall be equipped with inertial navigation sensor(s) and gyroscopes.

o The sUAS shall be equipped with a compass (magnetometer/heading source).

o The sUAS shall be equipped with a GPS guidance system.
 Aircraft Model Information: THR01 is an eBee senseFly.

Model: THR01

Weight (battery included) User Manual eBee Revision 8, August 12, 2013 

contains the specifications for this COTS sUAS.

Hovering Accuracy** Vertical:

 Horizontal:

Max Angular Velocity Yaw:

Max Tilt Angle*

Max Ascent Speed*

Max Descent Speed*

Max Speed*

Max Flight Time

Operating Temperature Range ***

Dimensions

 Safety. eBee’s senseFly small fixed wing aircraft have fail-safe features to include 

geo fencing and lost-link-return-home capability. eBee is a manufacturer of small 

fixed wing aircraft weighing less than 5 pounds and has developed technology that 

enhances safe sUAS operations within the NAS.

 Maintenance. The maintenance requirements under which Thrasher Group agrees 

to be bound to operate under an FAA-issued exemption include:

o The sUAS shall be maintained in accordance with the manufacturer’s 

recommendations.

o Thrasher Group will document and maintain a record of the sUAS’s maintenance, 

preventative maintenance, alterations, status of all replacement and overhauled 

component parts, and total time in service. These records will be maintained 

with the sUAS for the life of the aircraft or as required by FAA regulations. 

o Thrasher Group shall comply with all manufacturer safety and service bulletins or 

equivalent documents pertaining to the sUAS aircraft.

o The PIC shall perform a preflight inspection of the sUAS, controller, and ground 

control station prior to each flight to ensure it is operational with no 

discrepancies. The sUAS will only be operated when all systems are operating 

per manufacturer’s specifications and in a discrepancy-free condition.

o Maintenance or repairs that may affect the sUAS’s operation or flight 

characteristics shall undergo a functional test flight when required in accordance 

with manufacturer’s recommendations. This functional test flight shall be 

recorded in the sUAS’s records. When the functional test flight is completed 

successfully, the sUAS can be returned to service by the PIC.

o Thrasher Group shall follow the manufacturer’s sUAS maintenance, overhaul,

replacement, inspection, and life-limit requirements. 

o All sUAS are identified by the serial number, registered in accordance with 14 

CFR Part 47, and have identification (N-number) markings in accordance with 14 
CFR Part 45 Subpart C, except with respect to the size of the markings. 

Markings shall be as large as practicable.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates

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

the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size 

and operating altitudes associated with the aircraft to be utilized by the Applicant, an exemption 

from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 

and Section 333 of the Reform Act. Both the Federal Aviation Act (49 U.S.C.§44701 (f)) and 

Section 333 of the Reform Act authorize the FAA to exempt aircraft from the requirement for an 

airworthiness certificate, upon consideration of the size, weight, speed, operational capability, 

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

these criteria demonstrates that an sUAS that is operated without an airworthiness certificate 

under the conditions proposed, will be at least as safe, or safer, than a conventional aircraft 

(fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and 

conditions proposed.

The sUAS to be operated hereunder is less than 5 pounds fully loaded, carries neither a 

pilot nor passenger, and carries no explosive materials or flammable liquid fuels. Unlike other 

civil aircraft, operations under this exemption will be tightly controlled and monitored by both the 

operator and observer, under the requirements and in compliance with local public safety 

requirements, to provide security for the area of operation as is now done with conventional 

aerial survey. These safety enhancements, which already apply to civil aircraft operated in 

connection with general survey operations, provide a greater degree of safety to the public and 

property owners than conventional operations conducted with airworthiness certificates issued 

under 14 CFR Part 21 Subpart H. Lastly, application of these same criteria demonstrates that 

there is no credible threat to national security posed by the 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 external load.

14 C.F.R. §45.23 (b): Markings of the Aircraft

The regulation requires that each UAS type be clearly marked. When aircraft markings on 

limited, restricted, or light-sport category aircraft or on experimental or provisionally-certificated 

aircraft are limited to the Roman capital letter N and the registration number, 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.

Even though the sUAS will have no airworthiness certificate, an exemption may be needed 

as the sUAS will have no entrance to the cabin, cockpit or pilot station on which the word 

experimental can be placed. Given the size of the sUAS, two-inch lettering will be impossible. 

Instead, the word Experimental will be placed on the fuselage in compliance with 45.29 (f).

All aircraft operated in accordance with this exemption will be identified by serial number, be 

registered in accordance with 14 CFR Part 47, and have identification (N−number) markings in 

accordance with 14 CFR Part 45, Subpart C. Markings will be as large as practicable.
14 C.F.R. §61.23 (a) & (c): Medical Certificates: Requirement and Duration

Sections 61.23 (a) & (c) describe the requirements for medical certificates for commercial 

operations and the requirements for when a driver’s license may be used in substitute for a 

medical certificate. Because the sUAS will not carry a pilot or passengers, the proposed 

operations can achieve the equivalent level of safety of current operations by requiring the PIC, 

that is operating the sUAS, to have a pilot certificate, inclusive of airline transport, commercial, 

private, recreational, or sport pilot. Because of this broad range of certificates, an exemption is 

needed for 61.23 to allow the PIC to operate a commercial sUAS with only a valid driver’s 

license. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is 

remotely controlled with no living thing on board. The risks associated with the operation of the 

sUAS are so diminished from the level of risk associated with commercial operations 

contemplated by Part 61 when drafted, that allowing operations of the sUAS as requested 

exceeds the present level of safety achieved.

14 C.F.R. §61.101 (e) (4) & (5): Recreational Pilot Privileges and Limitations

Sections 61.101 (e) (4) & (5) limit recreational pilots to non-commercial operations. 

Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the 

equivalent level of safety of current operations by requiring the PIC operating the sUAS to have 

a recreational pilot’s license rather than a commercial pilot’s license to operate this small sUAS. 

Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely 

controlled with no living thing on board. The risks associated with the operation of the sUAS are 

so diminished from the level of risk associated with commercial operations contemplated by Part 

61 when drafted, that allowing operations of the sUAS as requested exceeds the present level 

of safety.

14 C.F.R. §61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the 

sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent 

level of safety of current operations by requiring the PIC operating the aircraft to have at least a 

private pilot’s license rather than a commercial pilot’s license to operate this small sUAS. Unlike 

a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled 

with no living thing on board. The risks associated with the operation of the sUAS are so 

diminished from the level of risk associated with commercial operations contemplated by Part 

61 when drafted, that allowing operations of the sUAS as requested exceeds the present level 

of safety.

14 C.F.R. §61.315 (a) & (c): Sport Pilot Privileges and Limitations

Sections 61.315 (a) & (c) limit sport pilots to non-commercial operations. Because the sUAS 

will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of 

safety of current operations by requiring the PIC operating the aircraft to have at least a sport 

pilot’s license rather than a commercial pilot’s license to operate this small sUAS. Unlike a 

conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with 

no living thing on board. The risks associated with the operation of the sUAS are so diminished 

from the level of risk associated with commercial operations contemplated by Part 61 when 
drafted, that allowing operations of the sUAS as requested with a sport pilot as the PIC exceeds 

the present level of safety.

14 C.F.R. §91.7 (a): Civil Aircraft Airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. As there will be no airworthiness certificate issued for the aircraft, should this 

exemption be granted, no FAA regulatory standard will exist for determining airworthiness. 

Given the size of the aircraft, the requirements contained in the manufacturer’s manual for 

maintenance, and the use of safety checklists provided by the Mid-Atlantic Aviation Partnership 

(MAAP) UAS Test Site during operator training prior to each flight, an equivalent level of safety 

will be provided.

14 C.F.R. §91.119 (c): Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. As this exemption is 

for a sUAS and the exemption requests authority to operate at altitudes up to 400 feet AGL, an 

exemption may be needed to allow such operations. As set forth herein, the UAS will never 

operate at higher than 400 feet AGL.

The equivalent level of safety will be achieved given the size, weight, and speed of the 

sUAS. No flight will be taken without the permission of local officials. Compared to flight 

operations with aircraft weighing far more than the maximum pounds proposed herein and the 

lack of flammable fuel, any risk associated with these operations is far less than those presently 

existing with conventional aircraft. In addition, the low-altitude operations of the sUAS will 

ensure separation between these sUAS operations and the conventional aircraft operations that 

must comply with Section 91.119.

14 C.F.R. §91.121: Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by 

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

altimeter setting available before departure.” As the sUAS may not have a barometric altimeter, 

but instead a GPS altitude read out, an exemption may be needed. An equivalent level of 

safety will be achieved by the operator, pursuant to the Thrasher Group Checklist for UAS 

Operations, confirming the altitude of the launch site shown on the GPS altitude indicator before 

flight.

14 C.F.R. §91.151 (a) (1): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) (1) prohibits an individual from beginning “a flight in an airplane under 

VFR (visual flight rules) 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.”

The battery powering the sUAS provides approximately 15 minutes of powered flight. To 

meet the 30-minute reserve requirement in 14 CFR §91.151, sUAS flights would be impossible. 
Given the limitations on the sUAS’s proposed flight area and the location of its proposed 

operations, a longer time frame for flight in daylight VFR conditions is reasonable.

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior 

exemptions. Operating the small sUAS does not engender the type of risks that Section 

91.151(a) was intended to alleviate, given the size and speed of the sUAS.

Applicant believes that an equivalent level of safety can be achieved by limiting flights to 15

minutes or 25% of battery power, whichever happens first. This restriction would be more than 

adequate to return the sUAS to its planned landing zone from anywhere in its operating area.

14 C.F.R. §§91.405 (a), 91.407 (a) (1), 91.409 (a) (1) & (2), and 91.417(a) & (b): Maintenance 

Inspections

These regulations require that an aircraft operator or owner “shall have that aircraft 

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

as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in Part 

43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43.

Given that this section and Part 43 apply only to aircraft with an airworthiness certificate, 

these sections will not apply to the applicant. Maintenance will be accomplished by the operator 

pursuant to the manufacturer’s manual and operating handbook. An equivalent level of safety 

will be achieved because these sUASs are very limited in size, will carry a small payload, and 

will operate only for limited periods of time. If mechanical issues arise, the sUAS will be 

operating from no higher than 400 feet AGL and can land immediately. As detailed in the 

Thrasher Group Checklist for UAS Operations, the operator will ensure that the UAS is in 

working order prior to initiating flight, perform all required maintenance, and keep a log of any 

maintenance performed. Moreover, the operator is the person most familiar with the aircraft and 

best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of 

safety.

Publication in Federal Register

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the 

Federal Register, should it be determined that publication is needed:

Applicant seeks an exemption from the following rules: 14 CFR Part 21, Subpart H; 14 

CFR 45.23 (b); 14 CFR 61.23 (a) & (c); 61.101 (e) (4) & (5); 61.113 (a) & (b); 61.315 (a) 

& (c); 91.7 (a); 91.119 (c); 91.121; 91.151 (a) (1); 91.405 (a); 91.407(a) (1); 91.409 (a)

(1) & (2); and 91.417 (a) & (b) to operate a small unmanned vehicle (55 pounds or less) 

in aerial survey data collection operations.