Manager, Flight Standards Service

Unmanned Aircraft Systems Integration Office

Federal Aviation Administration

800 Independence A venue, SW

Washington, DC 20591

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue, SE

Washington, DC 20590

Peak 3Technical Services, a wholly-owned subsidiary of ArgenTech Solutions (AgTS),

respectfully requests an exemption from several provisions of Title 14 of the Code of Federal 

Regulations (C.F.R.) to permit the use of small unmanned aerial systems (sUAS) for the purpose 

of pilot training, science sensor testing and calibrations of atmospheric testing instrumentation. 

The flights will be conducted for the US Department of Energy (DOE) Atmospheric Radiation 

Measurement (ARM) Aerial Facility (AAF), ultimately benefiting public safety and environmental 

/ atmospheric concerns. Peak 3 Technical Services, Inc. will be facilitating operations for the 

Atmospheric Sciences & Global Change Division of the Pacific Northwest National Laboratory. 

Operations will be conducted in coordination with the Pendleton UAS Test Range and Eastern 

Oregon Regional Airport (KPDT) in Pendleton, OR. Flights will be conducted in Class D, G, and 

E airspace under the provisions of this exemption and in accordance with the ATC Letter of 

Agreement (LOA) at KPDT. Operations will be conducted under Visual Meteorological 

Conditions at or below 400 feet AGL, within 2 NM of the KPDT airport, and during daylight 

hours. Planned operations include up to five flights per day, for a period of one week. Each flight 

will last up to 1.5 hours. “See and avoid” capabilities will be provided by a ground based observer.

Company Profile

Peak 3 Technical Services, Inc (Peak 3) is a Veteran-Owned small business, headquartered

in Anchorage, Alaska. Our primary services include operations, training, logistics, and flight test

capability for Unmanned Aircraft Systems (UAS) platforms and ancillary systems. Peak 3 also

specializes in program development, consulting and technical assistance services across manned

and unmanned aviation worldwide. This includes comprehensive UAS Test Range management,

delivering direct support to the Pendleton UAS Range, Pan-Pacific Test Range Complex and the

Federal Aviation Administration (FAA); facilitating UAS integration into the National Airspace

System (NAS).

Our parent company, ArgenTech Solutions (AgTS) is a Veteran-Owned Small Business

formed in March 2009 as a NH-based S-corporation. AgTS’ core competencies include providing

Unmanned Aerial System (UAS) Field Service Representatives (FSRs) in support of Department

of Defense (DoD), foreign governments, and civilian industry. AgTS is a professional aviation

organization with significant experience in UAS operations, including: mission coordination,
 

airspace deconfliction, UAS operations & maintenance, sensor applications, data compilation and

analysis, and program safety.

Peak 3 and AgTS are passionate about aviation, and believe safety and quality management 

must be at the core of this industry. It is this competency that enables us to provide thorough, 

technical aviation solutions, operations and guidance to our customers. Accordingly, we request 

that the exemption sought by this letter be broad enough to cover operational personnel and 

resources of both Peak 3 and AgTS.

NOTE:

Technical information pertaining to the DataHawk can be found in Appendix A.

Peak 3 holds Unmanned Aircraft insurance with United States Aircraft Insurance Group (Policy 

Number SIHL1-142Y).

Peak 3 will use the MIZOPEX SDDS DataHawk (DataHawk Information found in Appendix A) 

for sUAS operations.

Peak 3 will utilize:

 ASTM F2500-07 Standard Practice for Unmanned Aircraft System (UAS) Visual Range 

Flight Operations (Attached as Appendix B)

 ASTM F2909-14 Standard Practice for Maintenance and Continued Airworthiness of small 

Unmanned Aircraft Systems (Attached as Appendix C).

Regulatory Provisions from which Peak 3 seeks an Exemption

Peak 3 respectfully requests exemption from the following provisions to conduct planned 

operations. In some instances, relief is needed because relief from another provision renders 

compliance with the regulation at hand infeasible.

14 C.F.R. §61.113(a) and (b)

14 C.F.R. §91.7(a)

14 C.F.R. §91.9(b)(2)

14 C.F.R. §91.109(a)

14 C.F.R. §91.119

14 C.F.R. §91.151

14 C.F.R. §91.203(a) and (b)

14 C.F.R. §91.405(a)

14 C.F.R. §91.407(a)

14 C.F.R. §91.409(a)

Peak3 believes an exemption is only needed from the above-listed regulatory provisions. To 

the extent that the FAA believes that additional relief from existing regulations of any CFR Part is 
 

required for Peak 3 to conduct the operations described herein, we request an exemption from any 

and all such other additional regulatory provisions which your office determines are implicated by 

the mission parameters described herein. 

The Extent of Requested Relief and the Reasons Relief is Needed

14 C.F.R. §61.113(a) and (b)

§61.113 Private pilot privileges and limitations: Pilot in command.

(a) Except as provided in paragraphs (b) through (h) of this section, no person who 

holds a private pilot certificate may act as pilot in command of an aircraft that is 

carrying passengers or property for compensation or hire; nor may that person, for 

compensation or hire, act as pilot in command of an aircraft.

(b) A private pilot may, for compensation or hire, act as pilot in command 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.

Peak 3’s trained and certified employees will conduct the sUAS operations. While these 

individuals will have private pilot licenses, they will not hold commercial pilot licenses. The sUAS 

will not carry property for compensation or hire since they will be used solely for the purpose of 

pilot training, science sensor testing and calibrations of atmospheric testing instrumentation.

Without an exemption, the pilot would be required to hold a commercial pilot certificate under 

§61.133. However, the risk associated with the contemplated operations is less than the risk posed 

by a traditional manned aircraft. The sUAS will fly at altitudes well below the permissible limits 

for other civil aircraft, eliminating the risk to other aircraft, and within a geographical envelope 

under the control of Peak 3. Accordingly, the risk would be limited to Peak 3 personnel, who will 

be appropriately outfitted in safety gear. Requiring a commercial pilot certificate would provide 

no appreciable safety benefit, and would needlessly impose additional costs to Peak 3 and its 

customers. Because the contemplated operations would not comply with §61.113(b)(1) and none 

of the other exceptions to paragraph (a) apply, relief is needed from both paragraphs (a) and (b).

14 C.F.R. 91.7(a)

§91.7 Civil aircraft airworthiness.

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

(b) The pilot in command of a civil aircraft is responsible for determining whether 

that aircraft is in condition for safe flight. The pilot in command shall 

discontinue the flight when un-airworthy mechanical, electrical, or structural

conditions occur.
 

There is no clear definition of “airworthy,” and the term has been defined in various ways

depending on the circumstances. In all instances, it appears that the concept includes a requirement 

that the airplane 1) conforms to the aircraft’s type design or its type certificate, as modified by 

supplemental type certificates and airworthiness directives, and 2) be in condition for safe 

operations. The sUAS will not have a type design or type certificate, as the FAA has not developed 

standards applicable to sUAS. As discussed later in this document, the types of operations 

contemplated by Peak3 will not qualify the sUAS for an experimental airworthiness certificate. 

Accordingly, relief from §91.7(a) is required. Should the FAA include airworthiness requirements 

as a condition of exercising the exemption, Peak3 will assure the continued airworthiness of the 

sUAS. Regardless, Peak3 believes that it can meet the requirements of §91.7(b) and is not 

requesting an exemption from that provision.

14 C.F.R. 91.9(b)(2)

§91.9 Civil aircraft flight manual, marking, and placard requirements.

***

(b) No person may operate a U.S.-registered civil aircraft --

***

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this 

chapter unless there is available in the aircraft a current, approved manual material, 

markings, and placards, or any combination thereof.

*****

The sUAS comes with access to online manuals that provide instructions for the safe

operation and maintenance of the aircraft. Compliance with this regulatory provision is not

possible because this information has not been approved by the FAA since there are no applicable 

standards established by the FAA against which to evaluate. Additionally, the sUAS is too small 

to carry a printed manual. Since, by definition, there will never be a person aboard the sUAS, Peak

3 submits that there is no need to require the manual to be placed on the sUAS and an exemption 

is appropriate. Safety will be maintained by keeping the flight manual at the ground control point 

where the PIC will have immediate access to it. Since the sUAS cannot be operated without the 

Ground Control Station containing the manuals, there is minimal risk that the manuals will become 

separated from the sUAS, and Peak3 will be able to immediately locate the manuals to effectuate 

any needed repairs on the sUAS detailed in the flight manual.

14 C.F.R. 91.109

§91.109 Flight instruction; Simulated instrument flight and certain flight tests.

(a) No person may operate a civil aircraft (except a manned free balloon) that is being 

used for flight instruction unless that aircraft has fully functioning dual controls....

Small UAS, by design, do not have fully functional dual controls. Flight control is

accomplished through the use of a Ground Control Station that communicates with the aircraft via 
 

radio communications (C2 Link). Aircraft being considered for use by Peak 3 allow the UAS 

Instructor to place the aircraft into ‘loiter’ mode (fixed altitude stationary hold). In the event of the 

student losing control, the UAS Instructor can quickly (via alternate equipment, not in the hands

of student) place the aircraft into a mode that then allows the instructor to bring the aircraft back 

into control and back to the pre-determined and / or safe landing location.

14 C.F.R. 91.119

§91.119 Minimum safe altitudes: General.

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

the following altitudes:

***

(c) Over other than congested areas. An altitude of 500 feet above the surface, except

over open water or sparsely populated areas. In those cases, the aircraft may not be 

operated closer than 500 feet to any person, vessel, vehicle, or structure.

*****

Peak3 submits that the only relief required from §91.119 is from the minimum altitudes listed 

in paragraph (c). Relief is required from paragraph (c) for fixed wing operations because asset 

evaluation conducted at 500 feet or higher is insufficiently distinct to be meaningful. Since

operations at this altitude also pose a heightened risk of collision with another aircraft, safety can

only be assured through the grant of an exemption. The anticipated aircraft operations should be 

adequately addressed by paragraph (d) (1). Additionally, relief should not be needed from

paragraph (a) because an emergency landing of the aircraft due to a power failure will not create

an undue hazard to persons or property on the surface. As noted in the explanation of why an

exemption will not adversely affect safety, controlled access to public and private land assure that 

no individuals unassociated with the planned operations are within the affected area of operations. 

Peak 3 and project personnel are required to wear mandatory safety equipment, including hard 

hats, safety glasses whenever dispatched to a work site. As such, the risk of injury is minimal. Peak

3 does not contemplate conducting operations over congested areas, so relief is not requested from 

paragraph (b).

14 C.F.R. 91.151

§91.151 Fuel requirements for flight in VFR conditions.

(a) No person may begin a flight in an airplane 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 –

(1) During the day, to fly after that for at least 30 minutes.

(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.

Operating the sUAS in a pre-defined area with less than 30 minutes of reserve fuel does not 

raise the type of risk referred to in §91.151 (i.e., that an aircraft could run out of fuel in the event 

it has to be flown to an alternate airport or circle the planned airport in the event of unanticipated 

conditions). Peak 3 does not intend to use the sUAS for point-to-point flights, and will not operate 

the sUAS beyond visual line of sight. Nor will the sUAS require an airport in order to land, primary 

or alternate. Rather, Peak3 will operate the sUAS using pre-planned flight paths (taking into 

account weather conditions) designed to allow the sUAS to fly to the point of intended landing. 

As such, there is no need for a time-based excess fuel requirement. Rather it should be sufficient 

to require only as much additional excess flight capacity as necessary to safely land the sUAS. We 

believe that a 20% energy reserve is more than sufficient to meet this objective.

14 C.F.R. 91.203(a) and (b)

§ 91.203 Civil Aircraft: Certifications required.

(a) Except as provided in §91.715, no person may operate a civil aircraft unless it has 

within it the following:

(1) An appropriate and current airworthiness certificate. ***

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

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

provided for in §47.31(c), or a registration certification issued under the laws of a 

foreign country.

(b) No person may operate a civil aircraft unless the airworthiness certificate required 

by paragraph (a) of this section or a special flight authorization issued under §91.715 

is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

The sUAS that Peak3 intends to operate will not qualify for an airworthiness certificate

unless the FAA chooses to issue a restricted category certificate. This is because the sUAS does

not meet the current conditions for either a standard airworthiness certificate or experimental 

airworthiness certificate. Notably, under 14 C.F.R. §21.191,8 experimental airworthiness 

certificates are only available for research and development, showing compliance with regulations, 

crew training, exhibitions, air racing, market surveys, operating amateur-built aircraft, operating 

primary kit-built aircraft and operating light-sport aircraft. Until the FAA develops airworthiness 

standards applicable to sUAS for non-recreational and nonexperimental use, Peak 3 requests the

FAA consider exemptions to the requirements of §91.203(a).

Section 333 of the Modernization Act authorizes the FAA to exempt aircraft from the

requirement for an airworthiness certificate based on a consideration of the size, weight, speed,

operational capability of the particular UAS, as well as its proximity to airports and populated

areas. The proposed sUAS is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, 

and operates exclusively within a secured area defined in the UAS Operating Manual (Appendix 

B). Unlike other civil aircraft, operations under this exemption will be tightly controlled and 
 

monitored by the operator and observer. Operations will be conducted in compliance with FAA 

regulations, privacy requirements and local security standards for the area of operation. Lastly, 

there is no credible threat to national security posed by the proposed sUAS, due to its size, speed 

of operation, location of operation, lack of explosive materials and inability to carry a substantial

external load.

If the FAA waives the requirements of only paragraph (a) (1), it is technically impossible to 

comply with paragraph (b). For this reason, Peak 3 requests an exemption for both sections.

14 C.F.R. 91.405(a), 91.407(a) (1) and 14 C.F.R. 91.409(a)

§91.405 Maintenance required.

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;

*****

§91.407 Operation after maintenance, preventive maintenance, rebuilding, or

alteration.

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

alteration unless –

(1) It has been approved for return to service by a person authorized under §43.7 of 

this chapter;

*****

§91.409 Inspections.

(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.

*****

Peak3 requests an exemption from these three maintenance requirements due to undeveloped 

maintenance standards that would allow an operator to meet the part 91 maintenance requirements. 

In particular, there are no individuals authorized by the FAA to approve a sUAS for return to 

service under §91.407(a) or to conduct the initial airworthiness and annual return to service 
 

inspections required by §91.409(a). Peak 3 will maintain the aircraft as instructed in the owner’s 

manual and ASTM F2909 (Attached as Appendix C), where applicable, and will not operate the 

aircraft until it has reasonably determined that any needed repairs have been made. Due to the 

technical inability of meeting the requirements of §§91.405(a), 407(a) and 409(a), Peak 3 requests

an exemption to these provisions.

We appreciate your time, please do not hesitate to contact me at the information below should 

you have any questions or concerns about this joint request of Peak 3 and AgTS.

Respectfully,

Jennifer Armstrong

President, Peak 3

Office: 888-397-0083

Cell: 907-903-7334

Email: JArmstrong@Peak3Inc.com
 

Summary for Federal Register Publication

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

Register should the FAA determine that publication is needed.

Petitioner: Peak3 Solutions

Sections of 14 C.F.R. Affected:

14 C.F.R. §61.113(a) and (b)

14 C.F.R. §91.7(a)

14 C.F.R. §91.9(b) (2)

14 C.F.R. §91.109(a)

14 C.F.R. §91.119

14 C.F.R. §91.151

14 C.F.R. §91.203(a) and (b)

14 C.F.R. §91.405(a)

14 C.F.R. §91.407(a)

14 C.F.R. §91.409(a)

Description of Relief Sought: Petitioner seeks relief from the requirements of 14 C.F.R. §§45.29,

61.113(a)&(b), 91.7(a), 91.9(b)(2), 91.119, 91.121(a), 91.151, 91.203(a) &(b), 91.405(a),

91.407(a) and 91.409(a) for the purpose of pilot training, science sensor testing and calibrations of 

atmospheric testing instrumentation. The flights are funded by the US Department of Energy 

(DOE) Atmospheric Radiation Measurement (ARM) Aerial Facility (AAF). Peak 3 Technical 

Services, Inc. will be facilitating operations for the Atmospheric Sciences & Global Change 

Division of the Pacific Northwest National Laboratory. Operations will be conducted within the 

Pendleton UAS Test Range and Eastern Oregon Regional Airport (KPDT) in Pendleton, OR; part 

of the Pan-Pacific UAS Test Range Complex (PPUTRC). Flights will be conducted in Class D, G, 

and E airspace under the provisions of this exemption and in accordance with the ATC Letter of 

Agreement (LOA). Operations will be conducted under Visual Meteorological Conditions at or 

below 400 feet AGL, within 2 NM of the KPDT airport, and during daylight hours. Planned 

operations include up to five flights per day, for a period of one week. Each flight will last up to 

1.5 hours. See and avoid capabilities will be provided by a ground based observer.