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UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: UNMANNED AERIAL 

SURVEILLANCE FOR AN EXEMPTION SEEKING RELIEF FROM THE 

REQUIREMENTS OF TITLE14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL

OPERATION OF UNMANNED AIRCRAFT 

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM 

ACT OF 2012 (PUBLIC LAW 112-95) 

Submitted on 10-21-2015 

Petitioner; 

Edward C. Rigney

40880 County Center Drive, Suite F

Temecula, CA 92591

Ph: 760-672-0559
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TABLE OF CONTENTS

Page 

GLOSSARY OF ABBREVIATIONS ............................................................................ 3

SUMMARY .................................................................................................................. 4

INTRODUCTION AND INTERESTS OF PETITIONER ................................................ 4

BACKGROUND ................................................................................................................ 4

BASIS FOR PETITION ..................................................................................................... 5 

NAME AND ADDRESS OF PETITIONER.................................................................... 6 

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH UNMANNED AERIAL

SURVEILLANCE SEEKS EXEMPTION ....................................................... 7 

THE EXTENT OF RELIEF UNMANNED AERIAL SURVEILLANCE SEEKS 

AND THE REASON UNMANNED AERIAL SURVEILLANCE SEEKS THE 

RELIEF.............................................. .................................................. 10 

THE REASONS WHY GRANTING UNMANNED AERIAL SURVEILLANCE'S 

REQUEST WOULD BE IN THE PUBLIC INTEREST ................................................ 12

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

ADVERSELY AFFECT SAFETY ................................................................ 14

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER.............. 26

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO 

SUPPORT UNMANNED AERIAL SURVEILLANCE’S REQUEST........................ 26

CONCLUSION................................................................................................................... 27
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GLOSSARY OF ABBREVIATIONS 

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

C.F.R. Code of Federal Regulations

COA Certificate of Authorization

COTS Consumer Of The Shelf

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

FPV First Person View

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

Section 222 FAA Modernization and Reform Act of 2012 (FMRA) Section 333

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VO Visual Observer

VTOL Vertical Takeoff and Landing
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SUMMARY 

UNMANNED AERIAL SURVEILLANCE seeks exemption from the requirements of 14 C.F.R §§ 

61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a) (1) & (a)(2), and 

91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012 (FMRA). This exemption will permit UNMANNED 

AERIAL SURVEILLANCE to operate an Unmanned Aircraft System (UAS) for the commercial 

purpose of conducting aerial acquisition in the United States NAS. 

INTRODUCTION AND INTERESTS OF THE PETITIONER 

UNMANNED AERIAL SURVEILLANCE provides its clients with high quality video, 2D, 3D and 

multi spectral imagery acquired with fixed wing UAV. The imagery obtained is used for a variety of 

data gathering purposes including but not limited to, ground and livestock condition analysis, search 

and rescue, disaster assessment, equipment and construction inspection and forest fire tracking. 

Unmanned Aerial Surveillance uses fixed wing AV systems under 55 pounds in weight. Currently 

Unmanned Aerial Surveillance seeks and exemption for the Skywalker X8 flying wing and Penguin 

B. Unmanned Aerial Surveillance may however use any COTS fixed wing UAV solution that does 

not exceed 55 pounds, or max speed greater than 87 knots. 

BACKGROUND  

Unmanned Aerial Surveillance seeks an exemption to operate fixed wing AV systems for 

compensation or hire within the NAS. Unmanned Aerial Surveillance uses a variety of fixed wing 

UAV aircraft comprised of COTS airframes and components and a transportable Ground Control 

Station (GCS). All UAV have a maximum gross weight of no more than 55 pounds, and a maximum 

speed of no more than 87 knots. Unmanned Aerial Surveillance AV systems are operated no higher 

than 500 feet AGL and within LOS of the GCS and VO. All operations include an operator acting as 

PIC and at least one VO. 

UAV’s will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 

C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, Identification 

and Registration Marking. 
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BASIS FOR PETITION

Petitioner, UNMANNED AERIAL SURVEILLANCE , pursuant to the provisions of the Federal 

Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 

(FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions to 

commercially operate its UAS as described in the National Airspace System (NAS), and for an 

exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a) (2), and 91.417(a) & (b). 

In consideration of the size, weight, speed, and limited operating area associated with unmanned 

aircraft and their operation, Unmanned Aerial Surveillance’s operation of its UAS meets the 

conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. 

Accordingly, Unmanned Aerial Surveillance requests relief from Sections 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance 

that only apply to aircraft with an airworthiness certificate. 

Unmanned Aerial Surveillance submits that the requested relief is proper since an equivalent level of 

safety will be ensured. Unmanned Aerial Surveillance will use trained technicians to perform 

maintenance, alterations, or preventive maintenance on its UAV’s using the methods, techniques, 

and practices prescribed in the operating documents (i.e., Unmanned Aerial Surveillance UAS 

Operation Manual, Maintenance Schedule and Manual, Airframe Maintenance Manual, and 

Controller Instruction Manual). Furthermore, Unmanned Aerial Surveillance will document and 

maintain all maintenance records for its UAV’s. 

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and 

limitations: Pilot in command, is requested by Unmanned Aerial Surveillance to the extent necessary 

to allow a Pilot in Command (PIC) holding an FAA private pilot or higher level certificate, as well 

as a class three or higher airman medical certificate, and who has demonstrated, by meeting 

minimum flight- hour and currency requirements, that the PIC is able to safely operate the UAV in a 

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

maintaining appropriate distances from people, vessels, vehicles and structures. Unmanned Aerial 

Surveillance seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the UAV

does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As 

such, Unmanned Aerial Surveillance submits that it will ensure that every UAV flown by Unmanned 

Aerial Surveillance is in an airworthy condition, prior to every flight, by determining that the UAS is 

in compliance with the operating documents (i.e., the Unmanned Aerial Surveillance UAS Operation 

Manual, Maintenance Schedule and Manual, Airframe Maintenance Manual, and Controller 

Instruction Manual), and that the aircraft is in a condition for safe flight.
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Unmanned Aerial Surveillance also seeks an exemption from the requirements of Section 91.121, 

entitled Altimeter Settings, as the Skywalker x8 and Penguin B UA will not have a typical 

barometric altimeter onboard. However, altitude information of any UAV will be provided to the 

PIC via Global Positioning System (GPS) equipment and a radio communications telemetry data 

link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude 

information, combined with Unmanned Aerial Surveillance’s operation of the UAV within visual 

line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. 

Additionally, Unmanned Aerial Surveillance seeks an exemption from the requirements of Section 

91.151(b), entitled Fuel requirements for flight in VFR conditions. Unmanned Aerial Surveillance

submits that safety will not be affected by operation of its UAV systems during daylight hours in 

visual meteorological conditions (VMC) under visual flight rules (VFR), with enough power to fly 

for a total duration of 50 minutes to the first point of intended landing and, assuming normal cruising 

speed, to fly after that for at least 5 minutes. 

In accordance with 14 C.F.R. § 11.81, Unmanned Aerial Surveillance provides the following 

information in support of its petition for exemption:

A. Name and Address of the Petitioner. 

The name and address of the Petitioner and point of contact is: 

Edward C. Rigney

UNMANNED AERIAL SURVEILLANCE 

40880 County Center Drive, Suite F 

Temecula, CA 92591

Ph: 760-672-0559
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B. The Specific Sections Of 14 C.F.R. From Which Unmanned Aerial Surveillance 

Seeks Exemption.

1. Unmanned Aerial Surveillance Seeks Exemption from The Requirements Of Section 

61.113(a) And (b). 

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) 

and (b) prescribe the following, in relevant part: 

(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 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. 

2. Unmanned Aerial Surveillance Seeks Exemption From The Requirements Of Section 

91.7(a). 

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following: 

(a) No person may operate a civil aircraft unless it is in an airworthy condition. 

3. Unmanned Aerial Surveillance Seeks Exemption From The Requirements Of Section 

91.121. 

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part: 

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that 

aircraft, as the case may be, by reference to an altimeter that is set, when operating--

(1) Below 18,000 feet MSL, to--

(i) The current reported altimeter setting of a station along the route and within 100 nautical miles 

of the aircraft; 

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current 

reported altimeter setting of an appropriate available station; or 

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an 

appropriate altimeter setting available before departure.
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4. Unmanned Aerial Surveillance Seeks Exemption From The Requirements Of Section 

91.151(b). 

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (b), states 

the following: 

(b) No person may begin a flight in a rotorcraft under 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, to fly after that for at least 20 minutes. 

5. Unmanned Aerial Surveillance Seeks Exemption From The Requirement Of Section 

91.405(a). 

Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner 

or operator of an aircraft—

(a) 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[.] 

6. Unmanned Aerial Surveillance Seeks Exemption From The Requirements Of Section 

91.407 (a)(1). 

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, 

or alteration, subsection (a)(1), states the following: 

(a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, 

rebuilding, or alteration unless--

(1) It has been approved for return to service by a person authorized under § 43.7 of this chapter[.] 

7. Unmanned Aerial Surveillance Seeks Exemption From The Requirements Of Sections 

91.409(a) (1) And 91.409(a)(2). 

Section 91.409, entitled Inspections, subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, 

within the preceding 12 calendar months, it has had -- 

(1) An annual inspection in accordance with part 43 of this chapter and has been approved for 

return to service by a person authorized by § 43.7 of this chapter; or 

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this 

chapter. 
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8. Unmanned Aerial Surveillance Seeks Exemption From The Requirements Of Sections 

91.417(a) And 91.417(b). 

Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following: 

(a) Except for work performed in accordance with §§ 91.411 and 91.413, 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 must include--

(i) A description (or reference to data acceptable to the Administrator) of the work performed; and 

(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 which 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) of this chapter 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 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 of this chapter shall 

be retained until the defects are repaired and the aircraft is approved for return to service.
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C. The Extent Of Relief Unmanned Aerial Surveillance Seeks And The Reason Unmanned 

Aerial Surveillance Seeks The Relief.

1. Extent Of Relief Unmanned Aerial Surveillance Seeks And The Reason Unmanned 

Aerial Surveillance Seeks Relief From Section 61.113(a) And (b). 

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in 

command, is requested to the extent necessary to allow a PIC holding a private pilot or higher level 

certificate, as well as a current and valid airman medical certificate, and who has met certain flighthour and currency requirements, to conduct the proposed UAS flight operations for compensation or 

hire. 

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that 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.

As set forth more fully below, Unmanned Aerial Surveillance submits that an equivalent level of 

safety will be maintained because no PIC will be allowed to operate an UAV unless that PIC has met 

certain flight-hour and currency requirements, demonstrating that the PIC is able to safely operate 

the UAV in a manner consistent with the operations specifications as described in this exemption, 

including evasive and emergency maneuvers, as well as maintaining appropriate distances from 

people, vessels, vehicles and structures. 

Further, Unmanned Aerial Surveillance submits that all flights of its UAV be conducted by the PIC 

pursuant to the grant of this Petition: (1) will be incidental to Unmanned Aerial Surveillance’s 

business; and (2) will not carry passengers or property for compensation or hire. 

2. Extent Of Relief Unmanned Aerial Surveillance Seeks And The Reason Unmanned Aerial 

Surveillance Seeks Relief From Section 91.7(a). 

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to 

allow Unmanned Aerial Surveillance to determine that it’s UAV is in an airworthy condition prior to 

every flight by ensuring that the UAV is in compliance with the operating documents (i.e., the 

Unmanned Aerial Surveillance UAS Operation Manual, Maintenance Schedule and Manual, 

Airframe Maintenance Manual, and Controller Instruction Manual). 

Unmanned Aerial Surveillance seeks the requested relief because the UAV does not require an 

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Unmanned 

Aerial Surveillance will ensure that the UAV is in an airworthy condition based upon its compliance 

with the operating documents (i.e., the Unmanned Aerial Surveillance UAS Operation Manual, 

Maintenance Schedule and Manual, Airframe Maintenance Manual, and Controller Instruction 

Manual) prior to every flight, and further, determine that the aircraft is in a condition for safe flight, 

as stated in the conditions and limitations below. 
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3. Extent Of Relief Unmanned Aerial Surveillance Seeks And The Reason Unmanned Aerial 

Surveillance Seeks Relief From Section 91.121. 

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of 

the UAV, which utilizes a barometric pressure sensor, GPS equipment, and a radio communications 

telemetry data link to downlink altitude information from the UA to the PIC at the ground control 

station (GCS). Since the FAA requires that any altitude information concerning UAS operations be 

reported to air traffic control (ATC) in feet above ground level (AGL), Unmanned Aerial 

Surveillance seeks the requested relief because the UAV’s altimeter may be set on the ground to zero 

feet AGL, rather than the local barometric pressure or field altitude, before each flight. 

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to 

the extent necessary to comply with the applicable conditions and limitations stated below. As more 

fully set forth herein, an equivalent level of safety will be maintained since the Skywalker X8 and 

Penguin B is equipped with a barometric pressure sensor and GPS equipment, which automatically 

ensures that a ground level pressure setting will be established prior to each flight, and provides the 

PIC with altitude information of the UA on the heads-up display of the GCS.

4. Extent Of Relief Unmanned Aerial Surveillance Seeks And The Reason Unmanned Aerial 

Surveillance Seeks Relief From Section 91.151(b). 

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to 

the extent required to allow flights of the Skywalker X8 and the Penguin B UA during daylight 

hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total 

duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, 

to fly after that for at least 4.5 minutes. Unmanned Aerial Surveillance seeks the requested relief 

because without an exemption from Section 91.151(b), the flight time duration of the UAV will 

severely constrain the practicality of any aerial acquisition and flight operations that Unmanned 

Aerial Surveillance proposes to conduct pursuant to this Petition. 

Significantly, as set forth below, the technical specifications of the UAV, the UAV operating 

documents, and Unmanned Aerial Surveillance’s proposed operating limitations, ensure that 

Unmanned Aerial Surveillance will safely operate its UAV during daylight hours in visual 

meteorological conditions (VMC), under visual flight rules (VFR), with enough power to fly for a 

total duration of 50 minutes to the first point of intended landing and, assuming normal cruising 

speed, to fly after that for at least 5 minutes. 

5. Extent Of Relief Unmanned Aerial Surveillance Seeks And The Reason Unmanned Aerial 

Surveillance Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 

91.417(a) & (b). 

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to 

aircraft with an airworthiness certificate, Unmanned Aerial Surveillance requests relief from these 

Sections because the UAV does not require an airworthiness certificate. As set forth more fully 

below, the UAV meets the conditions of FMRA Section 333 for operation without an airworthiness 

certificate. Accordingly, Unmanned Aerial Surveillance will use trained technicians to perform 

maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and 
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practices prescribed in the UAS operating documents (i.e., the Unmanned Aerial Surveillance UAS 

Operation Manual, Maintenance Schedule and Manual, Airframe Maintenance Manual, and 

Controller Instruction Manual). Furthermore, Unmanned Aerial Surveillance will document and 

maintain all maintenance records for the UAV. 

D. The Reasons Why Granting Unmanned Aerial Surveillance’s Request Would Be In The 

Public Interest; That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing Unmanned Aerial 

Surveillance to safely, efficiently, and economically perform geo-reference mosaic imagery, 3D 

elevation profiles, and multi spectral data for a variety of data gathering purposes including but not 

limited to, ground and livestock condition analysis, search and rescue, disaster assessment, 

equipment and construction inspection and forest fire tracking over rural areas of the United States, 

commercially, in support of government entities, commercial entities, agriculture, and scientific 

studies. Additionally, use of the UAV will decrease congestion of the NAS, reduce pollution, and 

provide significant benefits to the economy. Offer a lower cost option to clientele that could not 

afford a full scale aircraft sensing platform. Notably, the benefits of Unmanned Aerial Surveillance’s 

proposed operation of the UAV will be realized without implicating any privacy issues. 

1. The Public Will Benefit From The Aerial Acquisition Performed. 

Unmanned Aerial Surveillance submits this Petition to commercially operate the UAV for georeference mosaic imagery, 3D elevation profiles, and multi spectral data for a variety of data 

gathering purposes including but not limited to, ground and livestock condition analysis, search and 

rescue, disaster assessment, equipment and construction inspection and forest fire tracking. 

Therefore, the operations that Unmanned Aerial Surveillance will perform with the UAV will 

directly benefit the public and provide options for non-evasive data gathering that would otherwise 

be unavailable to many sectors of the public and government due to the high cost of current full scale 

manned aircraft sensing platforms. 

The mission statement and objective of UNMANNED AERIAL SURVEILLANCE is “To provide 

affordable high quality aerial scanning service options to the public and private sector, while 

respecting the privacy and safety of the clients and communities we serve.” 

2. The Public Will Benefit From Decreased Congestion Of The NAS. 

The UAV serves as a safe, efficient, and economical alternative to the manned aircraft traditionally 

utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform 

aerial acquisitions, an exemption allowing the use of a UAV would reduce the amount of manned 

aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property 

in the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around 

airports caused by arriving and departing aircraft will be reduced. Likewise, a reduction of manned 

aircraft conducting aerial survey missions would result in fewer aircraft that must be handled by air 

traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations. 
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3. The Public Will Benefit From The Safety And Efficiency Of The UAV. 

Conducting aerial acquisitions with the UAV, instead of manned aircraft, will greatly benefit the 

public by drastically reducing the levels of air and noise pollution generated during traditional aerial 

survey flight operations. By using small gas engine and battery power and electric motors, the UAV

produces less air pollution, and is the most viable environmentally conscious alternative to the cabin 

class, six cylinder internal combustion twin engine aircraft that are typically utilized for aerial 

acquisitions, while burning approximately 20-30 gallons per hour of leaded aviation fuel. The UAV, 

while reducing the carbon footprint of aerial acquisitions, also helps to eliminate noise pollution. 

By using the UAV to perform aerial acquisitions, the substantial risk to life and property in the air 

and on the ground, which is usually associated with traditional manned aircraft flight operations, will 

be substantially reduced or completely eliminated. Aside from the lack of flight crew members 

located onboard the aircraft, the UAV (weighing less than 55 pounds at its maximum gross weight 

and with no fuel on board), has less physical potential for collateral damage to life and property on 

the ground, and in the air, compared to the manned aircraft that typically conduct aerial acquisitions 

(weighing approximately 6,500 pounds with a wingspan of approximately 40 feet, a length of 34 

feet, and a fuel capacity of 180 gallons). 

4. Performing Aerial Acquisition Operations with The UAV will benefit the economy. In addition to 

being safe and efficient, the UAV is also an economical alternative to using manned aircraft to 

conduct aerial acquisitions. As such, operation of the UAV will allow United States based 

companies, like Unmanned Aerial Surveillance, to remain competitive and contribute to growth of 

the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental 

Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and 

operated companies must adopt new and alternative technology in order to remain competitive. 

Operating the UAV is one such technology that not only allows companies greater operational 

flexibility compared to manned aircraft, but provides such flexibility without the high operational 

cost of a traditional manned aircraft. 

By operating the UAV, companies such as Unmanned Aerial Surveillance, can remain competitive 

and profitable, and therefore, provide greater job stability to employees and contractors, which will 

ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. 

companies, through commercial use of the UAV, provides 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 both in the United States and abroad.

5. There Are No Privacy Issues. 

Similar to the manned aerial acquisition flight operations that have been conducted for decades, 

Unmanned Aerial Surveillance’s proposed operation of the UAV will not implicate any privacy 

issues. Specifically, the UAV will be operated only in rural areas, and in accordance with the Federal 

Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. Most 

significantly, the UAV will not be operated closer than 500 feet to any person, vessel, vehicle, or 

structure, which is not directly involved in the operation. 
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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 Unmanned Aerial Surveillance Seeks Exemption. 

1. Reasons Why The UAV Meets The Conditions Of The FAA Modernization and Reform Act 

of 2012 (FMRA) Section 333. 

In consideration of the size, weight, speed, and limited operating area associated with the unmanned 

aircraft and its operation, Unmanned Aerial Surveillance’s operation of the UAV meets the 

conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance 

with 14 C.F.R. Part 21, Subpart H. 

Section 333 provides authority for a UAS to operate without airworthiness certification and sets 

forth requirements for considering whether a UAS will create a hazard to users of the NAS or the 

public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the 

following, in part: 

(a) In General.--Notwithstanding any other requirement of this subtitle, and not later than 180 days 

after the date of enactment of this Act, the Secretary of Transportation shall determine if certain 

unmanned aircraft systems may operate safely in the national airspace system before completion of 

the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 

of this Act. 

(b) Assessment of Unmanned Aircraft Systems.--In making the determination under subsection (a), 

the Secretary shall determine, at a minimum--

(1) which types of 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 

(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). 

(c) Requirements for Safe Operation.--If the Secretary determines under this section that certain 

unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall 

establish requirements for the safe operation of such aircraft systems in the national airspace system. 

In seeking this exemption, Unmanned Aerial Surveillance submits that the UAV can operate safely 

in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the UAV; 

(b) the pilot certification requirement; and (c) the specific operating limitations. 

a. The Specifications Of The UAV Demonstrate Its Safe Characteristics. 

The UAV does not create a hazard to users of the NAS or the public, or otherwise pose a threat to 

national security considering its size, weight, speed, and operational capability. 
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i. Technical Specifications of the UAV. 

UNMANNED AERIAL SURVEILLANCE will use a variety of airframe and flight system 

combinations as COTS technology changes. This petition is requesting exemptions from 14 C.F.R. 

for Unmanned Aerial Surveillance Arial Scanning use of fixed wing UAVs that have a maximum 

gross weight of no more than 55 pounds, and a maximum speed of no more than 87 knots. 

Unmanned Aerial Surveillance AV systems are operated no higher than 500 feet AGL and within 

LOS of the GCS and VO. All operations include an operator acting as PIC and at least one VO. As 

an example, Unmanned Aerial Surveillance is currently using the following system; 

Airframe: Skywalker X-8 FPV / UAV Flying Wing

Wingspan: 2120mm

Maximum AUW: 3500g

Maximum Speed: 43-48 knots 

Autopilot Software: APM Planner by 3dr

Autopilot Hardware: Pixhawk by 3dr

Manual Pilot Control: Futaba 10CG

Airframe: Penguin B

Wingspan: 3300mm

Maximum AUW: 16kg

Maximum Speed: 50-55 knots

Autopilot Software: Piccolo II

Autopilot Hardware: Piccolo II

Manual Pilot Control: Futaba 10CG
16

ii. The APM Planner and Piccolo Autonomous Flight And Navigation Modes Enable The 

UAS To Remain Within A Defined Operational Area. 

The UAV may be operated in both manual and fully autonomous flight modes. 

iii. The UAV Is Designed For Automatic Return to Home Point Orbit In The Event Of, Loss 

Of The Control Link Or Navigation. 

When the Control Link is lost, the UAV will execute a stable orbit in flight, for 90 seconds. If, after 

90 seconds, the UAV does not reacquire Control Link data from the GCS, the UAV will assume that 

the Control Link is lost and the UAV will return to the home position orbit via GPS, and will remain 

there until 25% power remains, then perform an autonomous landing at the pre-programmed landing 

site. If Control Link is reestablished after a loss of more than 15 seconds, the PIC will return the 

UAV to the landing zone via manual mode and land the UAV immediately. 

When GPS signal is lost, the UAV will continue to estimate its position and velocity based upon 

onboard accelerometers and gyroscopic instruments. It will execute a stationary orbit for 120 

seconds or until the PIC switches to manual mode and pilots the UAV to the landing zone and lands. 

If after 120 seconds the PIC has not switched to manual mode, the UAV will autonomously stop its 

motor and glide to the ground in its orbit. 
17

b. Flight Operations Of The UAV Are Limited To The Line Of Sight Of A Certificated Pilot in 

Command With A Visual Observer (VO). 

Unmanned Aerial Surveillance will only utilize certificated pilots who possess a current and valid 

airman medical certificate to act as a pilot in command (PIC) of the UAV. Additionally, a safety 

observer will assist all pilots during flight time. 

c. Flights Of The UAV Will Be Conducted Pursuant To Specific Operating Limitations. 

In seeking this exemption, Unmanned Aerial Surveillance proposes to commercially operate the 

UAV for the special purpose of conducting aerial acquisitions in the NAS, pursuant to the following

specific operating limitations:

1. Operations authorized by this grant of exemption will be limited to UAV systems within the 

technical and operational limits described in this petition. Proposed operations of any other 

aircraft will require a new petition or a petition to amend this grant. 

2. UAS operations under this exemption will be limited to conducting operations for the purpose of 

aerial acquisitions. 

3. The UA may not be flown at an indicated airspeed exceeding 87 knots. 

4. The UA must be operated at an altitude of no more than 500 feet above ground level (AGL). All 

altitudes reported to ATC must be 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. 

6. The use of first person view FPV by the PIC or VO as a substitute for VLOS is not permitted. 

7. All operations must utilize a visual observer (VO). 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 

functions described in this petition. 

8. The VO must not perform any other duties beyond assisting the PIC with seeing and avoiding 

other air traffic and other ground based obstacles/obstructions and is not permitted to operate the 

camera or other instruments. 

9. The operating documents specific to the UAS being used by Unmanned Aerial Surveillance and 

the grant of exemption must be accessible during UAS 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 must be 

followed. 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 
18

responsibility to track such revisions and present updated and revised documents to the 

Administrator upon request. The operator must also present updated and revised documents if it 

petitions for extension or amendment to the grant of exemption. If the operator determines that 

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

the operator must petition for 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. 

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. 

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. The Ground Control Station must be included in the 

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

records. 

11. 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. The PIC who conducts the functional test flight must make an entry in the aircraft records. 

12. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable

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

documents. 

13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements.

14. The operator must 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 must be noted in the aircraft records, including total time 

in service, description of work accomplished, and the signature of the authorized person 

returning the UAS to service. 

15. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins. 

16. The authorized person must make an entry in the aircraft record of the corrective action taken 

against discrepancies discovered between inspections. 

17. The PIC must possess at least a private pilot certificate and at least a current third- class medical 

certificate. The PIC must also meet the flight review requirements specified in 14 C.F.R. § 61.56 

in an aircraft in which the PIC is rated on his or her pilot certificate. 

18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification 

criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how 

the UAS will be operated under the exemption, including evasive and emergency maneuvers and 

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

qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). The 

VO is also required to complete the operator’s training requirements. A record of training must 

be documented and made available upon request by the Administrator. Flights for the purposes 

of training the operator’s PICs and VOs (training, proficiency, and experience-building) are 
19

permitted under the terms of the exemption. However, training operations may only be 

conducted during dedicated training sessions. During training, proficiency, and experiencebuilding 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 C.F.R. § 91.119. 

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 
20

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

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

1. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a 

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

management is obtained, and the operation is conducted in accordance with a NOTAM as 

required by the operator’s COA. The letter of agreement with the airport management must be 

made available to the Administrator upon request. 

2. 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. 

3. If the UA loses communications or loses its GPS signal, it must return to a pre- determined 

location within the planned operating area and land or be recovered in accordance with the 

operating documents. 

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

with the operating documents. 

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

conditions) there is enough power to fly at normal cruising speed to the intended landing point 

and land the UA with 10 minutes of flight time, or 25% power remaining. 

6. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

Authorization (COA) prior to conducting any operations under the grant of exemption above 200 

feet AGL. This COA will also require the operator to request a Notice to Airman (NOTAM) not 

more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations 

shall be conducted in accordance with airspace requirements in the ATO issued COA including 

class of airspace, altitude level and potential transponder requirements. 

7. All aircraft operated in accordance with the exemption must be identified by serial number, 

registered in accordance with 14 C.F.R. part 47, and have identification (N- Number) markings 

in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 

8. Before conducting operations, the radio frequency spectrum used for operation and control of the 

UA must comply with the Federal Communications Commission (FCC) or other appropriate 

government oversight agency requirements. 

9. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at 

the Ground Control Station of the UAS any time the UAS is operating. These documents must be 

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

10. The UA must remain clear and yield the right of way to all manned aviation operations and 

activities at all times. 

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

12. The UA may not be operated over congested or densely populated areas. 

13. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons 
21

other than the PIC, VO, operator trainees or essential 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 and/or;

b. The aircraft is operated near vessels, vehicles or structures where the owner/ controller of such 

vessels, vehicles or structures has granted permission 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, 

and; 

c. Operations nearer to the PIC, VO, operator trainees or essential persons do not present an undue 

hazard to those persons per § 91.119(a). 

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

from the land owner/controller or authorized representative. Permission from land 

owner/controller or authorized representative will be obtained for each flight to be conducted. 

2. 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. 

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would 

Not Adversely Affect Safety. 

Unmanned Aerial Surveillance submits that the equivalent level of safety established by Section 

61.113(a) and (b) will be maintained because no PIC will be allowed to operate the UAV unless that 

PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is 

able to safely operate the UAV in a manner consistent with the exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and 

structures. 

Considering Unmanned Aerial Surveillance’s proposed area of operations, and the operating 

limitations set forth-above; the parallel nature of private pilot aeronautical knowledge requirements 

to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills 

necessary to safely operate the UAV, Unmanned Aerial Surveillance submits that the additional 

manned airmanship experience of a commercially certificated pilot would not correlate to the 

airmanship skills necessary for Unmanned Aerial Surveillance’s specific proposed flight operations. 

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption 

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 

11150, 11153, 11156, 11158, 11159, 11160, 11161).
22

Unmanned Aerial Surveillance will not allow any PIC to operate the UAV unless that PIC has 

demonstrated, by meeting minimum flight-hour requirements or the UAV training and currency 

requirements, that the PIC is able to safely operate the UAV in a manner consistent with this 

exemption, including evasive and emergency maneuvers and maintaining appropriate distances from 

people, vessels, vehicles and structures. 

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 

C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of 

those hours as a UAS pilot operating the same make and model of UAS to be used for operations 

under the exemption). In addition to the hour requirements, the PIC must accomplish 3 take-offs and 

landings in the preceding 90 days (for currency purposes). 

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was 

obtained in compliance with applicable regulations will ensure an equivalent level of safety during 

Unmanned Aerial Surveillance’s proposed operations. The Administrator has held that prior 

documented flight experience that was obtained in compliance with applicable regulations would 

ensure safe operations, stating as follows: 

In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of 

motion picture filming (or similar operations), the PIC must have accumulated and logged, in a 

manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS fixed wing pilot including 

at least 10 hours logged as a fixed wing UAS. Prior to operations under Exemption No. 11062, 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, the 

FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours 

make and model time may be included in the 10 hours of fixed wing time and the 10 hours may be 

included in the total 25 hours of UAS fixed wing time. In addition to the hour requirements, the PIC 

must accomplish 3 take-offs and landings in the preceding 90 days (for currency purposes). The 

FAA finds that at a minimum, the flight-hour requirements in Exemption No. 11062 are appropriate 

to practice and build proficiency in the skills necessary to safely conduct the petitioner’s proposed 

operations. The FAA also finds that prior documented flight experience that was obtained in 

compliance with applicable regulations would satisfy this requirement. Training, proficiency, and 

experience-building flights can also be conducted under the grant of exemption to accomplish the 

required flight time. During training, proficiency, and experience-building flights the PIC is required 

to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15. 

Accordingly, Unmanned Aerial Surveillance will ensure safe operations by not allowing any PIC to 

operate the UAV unless that PIC has demonstrated, by meeting minimum flight-hour and currency 

requirements, that the PIC is able to safely operate the UAV in a manner consistent with the 

exemption, including evasive and emergency maneuvers and maintaining appropriate distances from 

people, vessels, vehicles and structures. 

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not 

Adversely Affect Safety. 
23

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to 

every flight, Unmanned Aerial Surveillance will ensure that the UAV is in an airworthy condition 

based upon the UAS’s compliance with its operating documents and as stated in the conditions and 

limitations herein. 

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 

11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 

11156, 11157, 11158, 11159, 11160, 11161). 

4. Reasons Why an Exemption From The Requirements Of Section 91.121 Would Not 

Adversely Affect Safety. 

The equivalent level of safety established by Section 91.121 will be maintained because the altitude 

information of the UAV will be provided to the PIC via GPS equipment and a radio 

communications telemetry data link, which downlinks from the UA to the GCS for active 

monitoring of the flight path and altitude. This altitude information, combined with Unmanned 

Aerial Surveillance’s operation of the UAV within visual line of sight, at or below 500 feet AGL, 

will ensure a level of safety equivalent to Section 91.121. The altitude information will be 

generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude 

initiation point is automatically established by the UAS at ground level. 

The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances 

similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 

11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 

11158, 11159, 11160, 11161). 
24

5. Reasons Why an Exemption from the Requirements Of Section 91.151(b) Would Not 

Adversely Affect Safety. 

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. 

Section 91.151(b) as a result of (1) the technical specifications of the UAV; (2) the limitations on the 

proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, 

Unmanned Aerial Surveillance will ensure that it will safely operate the UAV during daylight hours 

in VFR conditions, with enough power to fly for a total duration of 50 minutes to the first point of 

intended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes 

Here, as in Exemption No. 11109, the technical specifications of the UAV; the limitations on the 

proposed flight operations; and the location of the proposed operations, will ensure an equivalent 

level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the 

UAV provides two audible and visual warnings to the PIC at the GCS when the UA experiences low 

battery voltage or fuel level, the first warning occurring at 50% remaining power, and again at 30% 

remaining power. 

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that 

safety is not adversely affected when the technical characteristics and operating limitations of the 

UAS are considered. Relief has been granted for manned aircraft to operate at less than the 

minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. 

Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 

10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 

11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

6. Reasons Why An Exemption From The Requirements Of Sections  91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety. 

In seeking this exemption, Unmanned Aerial Surveillance submits that the equivalent level of safety 

with regard to the regulatory maintenance and alteration requirements established by Sections 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because Unmanned 

Aerial Surveillance will use trained technicians to perform maintenance, alterations, or preventive 

maintenance on the UAS using the methods, techniques, and practices prescribed in the operating 

documents (i.e., the Unmanned Aerial Surveillance UAS Operation Manual, Maintenance Schedule 

and Manual, Airframe Maintenance Manual, and Controller Instruction Manual). Furthermore, 

Unmanned Aerial Surveillance will document and maintain all maintenance records for the UAV. 
25

Since the UAV will be inspected as prescribed by the operating documents, Unmanned Aerial 

Surveillance will maintain the equivalent level of safety established by Sections 91.405(a), 

91.409(a)(1), and 91.409(a)(2). 

Likewise, the exemption sought will not adversely affect safety because Unmanned Aerial 

Surveillance will use trained technicians to perform maintenance, alterations or preventive 

maintenance on the UAS using the methods, techniques, and practices prescribed by the operating 

documents. 

Furthermore, the exemption sought would maintain an equivalent level of safety established by 

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the UAV will be performed by 

trained technicians, which will document and maintain maintenance records for the UAV. 

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the 

technical characteristics and operating limitations of the UAS are considered. 

In consideration of Unmanned Aerial Surveillance’s proposed operating limitations, the operating 

documents, and the technical aspects of the UAV, Unmanned Aerial Surveillance submits that safety 

will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 

91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief 

specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. 

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 

11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

7. The FAA May Prescribe Any Other Conditions For Safe Operation. 

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 

C.F.R. § 21.16 entitled Special Conditions, Unmanned Aerial Surveillance requests that the FAA 

prescribe special conditions for the intended operation of the UAV, which contain such safety 

standards that the Administrator finds necessary to establish a level of safety equivalent to that 

established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). 
26

Such special conditions will permit safe operation of the UA for the limited purpose of conducting 

aerial acquisitions in the NAS of the United States for compensation or hire. FMRA Section 333 sets 

forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the 

public, or otherwise pose a threat to national security; and further, provides the authority for such 

UAS to operate without airworthiness certification in accordance with any requirements that must be 

established for the safe operation of the UAS in the NAS. 

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for 

operation of the UAV, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain 

adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. 

Section 21.16, entitled Special Conditions, states the following: 

If the FAA finds that the airworthiness regulations of this subchapter do not contain 

adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because 

of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he 

prescribes special conditions and amendments thereto for the product. The special 

conditions are issued in accordance with Part 11 of this chapter and contain such safety 

standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to 

establish a level of safety equivalent to that established in the regulations. 

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe 

special conditions for Unmanned Aerial Surveillance’s intended operation of the UAV, which 

contain such safety standards that the Administrator finds necessary to establish a level of safety 

equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & 

(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a) (1) & (a)(2), and 91.417(a) & (b). 
27

F. A Summary That Can Be Published In The Federal Register, stating: The Rules From 

Which Unmanned Aerial Surveillance Seeks Exemption:  

UNMANNED AERIAL SURVEILLANCE seeks exemption from the requirements of 

14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b). 

A Brief Description Of The Nature Of The Exemption Unmanned Aerial Surveillance Seeks: 

This exemption will permit UNMANNED AERIAL SURVEILLANCE to commercially operate an 

Unmanned Aircraft System (UAS) for the purpose of conducting aerial acquisitions in the United 

States National Airspace. 

G. Any Additional Information, Views, Or Arguments Available To Support 

Unmanned Aerial Surveillance’s Request.

 

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain 

UAS may operate safely in the NAS. As such, Unmanned Aerial Surveillance’s request 

for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 

C.F.R. Part 11, as set forth above. 

 

FMRA Section 333 sets forth the requirements for considering whether a UAS will 

create a hazard to users of the NAS or the public, or otherwise pose a threat to national 

security; and further, provides the authority for such UAS to operate without 

airworthiness certification. 

As discussed in detail above, Unmanned Aerial Surveillance will operate the UAV safely 

in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise 

pose a threat to national security. 
28
29

CONCLUSION 

As set forth herein, Unmanned Aerial Surveillance seeks an exemption pursuant to 14 C.F.R. § 11.61 

and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit 

safe operation of the UAV commercially, without an airworthiness certificate, for the limited 

purpose of conducting aerial acquisitions in the NAS of the United States. 

By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of 

the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, 

by allowing Unmanned Aerial Surveillance to safely, efficiently, and economically operate the 

UAV commercially within the NAS. 

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization 

and Reform Act of 2012, Section 333, Unmanned Aerial Surveillance respectfully requests that the 

Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 

61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 

91.417(a) & (b), and permit Unmanned Aerial Surveillance to operate the UAV commercially for 

the purpose of conducting aerial acquisitions over certain rural areas of the United States.

Yours truly,

Edward C. Rigney

Unmanned Aerial Surveillance, LLC

40880 County Center Drive, Suite F

Temecula, CA 92591

Ph: 760-672-0559