\\DC - 031138/000012 - 7995545 v4

BEFORE THE

FEDERAL AVIATION ADMINISTRATION

___________________________________________________

Union Pacific Railroad,

Petitioner. Docket No. FAA-2014-1105

FAA Exemption No. 11353

PETITION OF UNION PACIFIC RAILROAD

TO AMEND ITS EXEMPTION NO. 11353

TO INCLUDE CURRENT LIMITATIONS AND CONDITIONS

E. Tazewell Ellett

Patrick R. Rizzi

Hogan Lovells US LLP

555 13th Street, N.W.

Washington, DC 20004

Phone: 202-637-8644 / -5659

Fax: 202-637-5910

tazewell.ellett@hoganlovells.com

patrick.rizzi@hoganlovells.com

COUNSEL FOR UNION PACIFIC RAILROAD

DATE: March 25, 2016
HOGAN LOVELLS US LLP

\\DC - 031138/000012 - 7995545 v4

1. INTRODUCTION.

On December 23, 2014, Union Pacific Railroad (“UP”) petitioned the Federal Aviation

Administration (“FAA”), pursuant to Section 333 of the FAA Modernization and Reform Act of 2012

(“FMRA”) and 14 C.F.R. Part 11, for an exemption from certain sections of the Federal Aviation

Regulations (“FAR”) so that UP could commercially operate the AirCover QR-425s to perform aerial

assessments. On April 17, 2015, the FAA granted Exemption No. 11353 to UP authorizing UP to conduct

commercial UAS operations for aerial data collection (“the UP Exemption” or “its Exemption”).

Since that time, the FAA has continued to issue Section 333 exemptions to other operators, and

the corresponding conditions and limitations (“Limitations”) in such exemptions have continued to

evolve. The Limitations in more recent exemptions would enhance UP’s ability to perform important

aerial data collection operations, including timely assessments when UP railroad engines, cars, tracks or

other property are, or may be, involved in an incident (so-called “Incident Assessment Flights”).

Accordingly, UP seeks to amend its Exemption as expeditiously as possible. To that end, UP petitions to

simply replace and supersede its current Limitations with those included in certain recent exemptions;

or, alternatively, to amend the specific Limitations in its Exemption as set forth below.

2. THE REQUESTED AMENDMENT.

UP petitions to amend its Exemption to reflect the scope and language of the current

Limitations as modified by the FAA in more recent exemptions. Specifically, UP requests that the

current Limitations in Exemption No. 11545B (March 2, 2016; Docket FAA-2015-0399) (“Clean Energy

Amended Exemption”) and Exemption No. 12349A (March 2, 2016; Docket No. FAA-2015-1027)
HOGAN LOVELLS US LLP

- 2 -

\\DC - 031138/000012 - 7995545 v4

(“Bartels Amended Exemption”)1replace and supersede all of the Limitations in the current UP

Exemption.

To be clear, the FAA has previously granted Section 333 exemptions to other operators such as

Clean Energy Renewables and Bartels with the Limitations language requested herein. Moreover, the

FAA has approved amendments to Section 333 exemptions, and, in so doing, superseded the Limitations

in the original exemption with the more current Limitations. See, e.g., Bartels Amended Exemption.

Accordingly, this Petition should be non-controversial and processed expeditiously under the FAA’s

streamlined, summary grant procedures for Section 333 petitions. In that regard, there is also no reason

for the FAA to issue a public notice of, or receive public comment on, this Petition as it would not set

any new precedent.

The requested amendment will enhance UP’s ability to operate a wider variety of small UAS

and increase its UAS operational flexibility in support of its railroad operations and other railroad

business. Any delay in processing this Petition will needlessly impede UP’s ability to conduct UAS

operations, including important aerial data collection activities such as timely Incident Assessment

Flights.

UP’s UAS operations under the more recent Limitations (attached as Exhibit A) will not

adversely affect safety, but rather will provide a level of safety equal to or greater than that provided by

the current rules and large manned aircraft operations. There has been no change in the conditions and

reasons relating to the public interest and safety reasons that were the basis for granting the UP

Exemption in April 2015. Consequently, UP requests that the FAA expeditiously grant the requested

1

The Limitations from the Bartels Amended Exemption are attached hereto as Exhibit A.
HOGAN LOVELLS US LLP

- 3 -

\\DC - 031138/000012 - 7995545 v4

amendment to its Exemption.

3. ALTERNATIVE AMENDMENTS.

The amendment requested above in Section 2 to replace the UP Exemption’s Limitations with

the Limitations in more recent exemptions, such as the Bartels Amended Exemption, should be noncontroversial, since the FAA has previously approved them in recent exemptions issued to other UAS

operators. However, if it would expedite the issuance of the requested amendment for the FAA to

amend specific individual Limitations, UP sets forth in this Section 3 the specific Limitations to be

amended consistent with prior grants of exemption.

Under this alternative, as detailed below, UP seeks an amendment to the following specific

Limitations in its Exemption: No. 1 (approved UAS); No. 26 (flight operations near non-participants); and

No. 18 (procedure for loss of communications or GPS signal); as well as the addition of the current

Limitation for tethered UAS operations. Small UAS operations pursuant to these requested

amendments, if granted, would not create a hazard to users of the National Airspace System or the

public, nor would they pose a threat to national security. Moreover, the requested amendments would

not adversely affect safety, but rather would provide at least an equivalent level of safety to that

provided by the UP Exemption and the regulations from which it provides relief. Indeed, the FAA has

already made those determinations by recently granting Section 333 exemptions with these Limitations

to other operators, such as Clean Energy Renewables and Bartels.

a. Amendment to Limitation No. 1.

Limitation No. 1 in the UP Exemption currently limits UP’s Section 333 UAS operations to the

AirCover QR-425s and further provides that “[p]roposed operations of any other aircraft will require a
HOGAN LOVELLS US LLP

- 4 -

\\DC - 031138/000012 - 7995545 v4

new petition or petition to amend this exemption.” Accordingly, UP respectfully requests an

amendment to its Exemption so that UP can operate any additional UAS model that the FAA has

previously approved and identified on the FAA’s “List of Approved Unmanned Aerial Systems” in Docket

No. FAA-2007-3330. Specifically, UP requests that Limitation No. 1 in its Exemption be replaced with the

following more recent Limitation No. 1 set forth in the Clean Energy Amended Exemption and the

Bartels Amended Exemption:

The operator is authorized by this grant of exemption to use any aircraft identified

on the List of Approved Unmanned Aerial Systems (UAS) under Section 333 at

regulatory docket FAA-2007-3330 at www.regulations.gov, when weighing less than

55 pounds including payload. Proposed operations of any aircraft not on the list

currently posted to the above docket will require a new petition or a petition to

amend this exemption.

The current List, dated March 4, 2016, contains 1120 makes/models of UAS. UP desires to have the

operational flexibility to utilize any UAS on the List (as periodically updated by the FAA) under its

Exemption, while obviating the need for UP to seek repeated amendments (and burden the FAA staff) in

order to add specific UAS make/models that have already been approved for operation in previously

granted exemptions.

b. Amendment to Limitation No. 26.

Limitation No. 26 in the UP Exemption currently prohibits UAS flight operations within 500 feet

from non-participating persons, vessels, vehicles, and structures unless certain specific criteria are met.

It also states that the PIC, VO, operator trainees, and essential persons are not considered nonparticipating persons. More recent exemptions have included new language allowing UAS operations

within 500 feet of people “directly participating in the intended purpose of the UAS operation” subject

to certain prerequisites. Accordingly, UP requests that Limitation No. 26 in its Exemption be replaced
HOGAN LOVELLS US LLP

- 5 -

\\DC - 031138/000012 - 7995545 v4

with the corresponding, updated Limitation from the Clean Energy Amended Exemption and the Bartels

Amended Exemption, which provides:

All flight operations must be conducted at least 500 feet from all persons, vessels,

vehicles, and structures unless when operating:

a) Over or near people directly participating in the operation of the UAS. People

directly participating in the operation of the UAS include the PIC, VO, and other

consenting personnel that are directly participating in the safe operation of the

UA.

b) Near but not over people directly participating in the intended purpose of the UAS

operation. People directly participating in the intended purpose of the UAS must

be briefed on the potential risks and acknowledge and consent to those risks.

Operators must notify the local Flight Standards District Office (FSDO) with a plan

of activities at least 72 hours prior to flight operations.

c) Near nonparticipating persons. Except as provided in subsections (a) and (b) of this

section, a UA may only be operated closer than 500 feet to a person when barriers

or structures are present that sufficiently protect that person from the UA and/or

debris or hazardous materials such as fuel or chemicals in the event of an accident.

Under these conditions, the operator must ensure that the person remains under

such protection for the duration of the operation. If a situation arises where the

person leaves such protection and is within 500 feet of the UA, flight operations

must cease immediately in a manner that does not cause undue hazard to persons.

d) Near vessels, vehicles and structures. Prior to conducting operations the operator

must obtain permission from a person with the legal authority over any vessels,

vehicles, or structures that will be within 500 feet of the UA during operations. The

PIC must make a safety assessment of the risk of operating closer to those objects

and determine that it does not present an undue hazard.

See Clean Energy Amended Exemption Limitation No. 27; Bartels Amended Exemption Limitation No. 27.

If the FAA amends UP Exemption Limitation No. 26 as requested above, UP agrees to comply

with the following additional Limitations related to UAS flight operations within 500 feet of certain

people, as the FAA imposed in the Clean Energy Amended Exemption and Bartels Amended Exemption

(see Limitations Nos. 30 and 31):

For operations conducted closer than 500 feet to people directly participating in the

intended purpose of the operation, not protected by barriers, the following additional

conditions and limitations apply:
HOGAN LOVELLS US LLP

- 6 -

\\DC - 031138/000012 - 7995545 v4

The operator must have an operations manual that contains at least the following

items, although it is not restricted to these items.

a. Operator name, address, and telephone number.

b. Distribution and Revision. Procedures for revising and distributing the operations

manual to ensure that it is kept current. Revisions must comply with the

applicable conditions and limitations in this exemption.

c. Persons Authorized. Specify criteria for designating individuals as directly

participating in the safe operation of the UAS. The operations manual must

include procedures to ensure that all operations are conducted at distances from

persons in accordance with the conditions and limitations of the exemption.

d. Plan of Activities. The operations manual must include procedures for the

submission of a written plan of activities.

e. Permission to Operate. The operations manual shall specify requirements and

procedures that the operator will use to obtain permission to operate over

property or near vessels, vehicles, and structures in accordance with this

exemption.

f. Security. The manual must specify the method of security that will be used to

ensure the safety of nonparticipating persons. This should also include

procedures that will be used to stop activities when unauthorized persons,

vehicles, or aircraft enter the operations area, or for any other reason, in the

interest of safety.

g. Briefing of persons directly participating in the intended operation. Procedures

must be included to brief personnel and participating persons on the risks

involved, emergency procedures, and safeguards to be followed during the

operation.

h. Personnel directly participating in the safe operation of the UAS Minimum

Requirements. In accordance with this exemption, the operator must specify the

minimum requirements for all flight personnel in the operating manual. The PIC

at a minimum will be required to meet the certification standards specified in

this exemption.

i. Communications. The operations manual must contain procedures to provide

communications capability with participants during the operation. The operator

can use oral, visual, or radio communications as long as the participants are

apprised of the current status of the operation.

j. Accident Notification. The operations manual must contain procedures for

notification and reporting of accidents in accordance with this exemption.

In accordance with this exemption, the operating manual and all other operating

documents must be accessible to the PIC during UAS operations.

At least 72 hours prior to operations, the operator must submit a written Plan of

Activities to the local Flight Standards District Office having jurisdiction over the

proposed operating area.
HOGAN LOVELLS US LLP

- 7 -

\\DC - 031138/000012 - 7995545 v4

The Plan of Activities must include at least the following:

a. Dates and times for all flights. For seasonal or long-term operations, this can

include the beginning and end dates of the timeframe, the approximate

frequency (e.g. daily, every weekend, etc.), and what times of the day operations

will occur. A new plan of activities must be submitted prior to each season or

period of operations.

b. Name and phone number of the on-site person responsible for the operation.

c. Make, model, and serial or N-Number of each UAS to be used.

d. Name and certificate number of each UAS PIC involved in the operations.

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

Upon request, the operator will make available a list of those who gave

permission.

f. Signature of exemption holder or representative stating the plan is accurate.

g. A description of the flight activity, including maps or diagrams of the area over

which operations will be conducted and the altitudes essential to accomplish the

operation.

This requested amendment will provide UP with more operational flexibility by enabling it to fly near,

but not over, people directly participating in the intended purpose of the UAS operation.

c. Amendment to Limitation No 18.

Limitation No. 18 in UP’s Exemption states: “If the UAS loses communications or loses its GPS

signal, the UA must return to a pre-determined location within the private or controlled-access

property.” In recently granted exemptions, the FAA revised the Limitation language covering these

issues as follows:

For UAS operations where GPS signal is necessary to safely operate the UA, the PIC must

immediately recover/land the UA upon loss of GPS signal.

If the PIC loses command or control link with the UA, the UA must follow a predetermined route to either reestablish link or immediately recover or land.

See Clean Energy Amended Exemption Limitations Nos. 19 and 20; Bartels Amended Exemption

Limitations Nos. 19 and 20. UP requests that the above-quoted language from these two recent

exemptions replace the language in Limitation No. 18 of the UP Exemption.
HOGAN LOVELLS US LLP

- 8 -

\\DC - 031138/000012 - 7995545 v4

d. Addition of Limitation for Tethered Operations.

The UP Exemption does not expressly address tethered UAS operations. However, since the UP

Exemption was issued in April 2015, the FAA has established the following Limitation specifically for

tethered UAS operations.

For tethered UAS operations, the tether line must have colored pennants or streamers

attached at not more than 50 foot intervals beginning at 150 feet above the surface of

the earth and visible from at least 1 mile. This requirement for pennants or streamers is

not applicable when operating exclusively below the top of and within 250 feet of any

structure, so long as the UA operation does not obscure the lighting of the structure.

See Bartels Amended Exemption Limitation No. 18. The flexibility to use tethered UAS would enhance

UP’s operational capabilities, and therefore UP requests that this Limitation be added to its Exemption.

4. THE REQUESTED AMENDMENTS SHOULD BE GRANTED.

UP’s UAS operations under its Exemption, as amended, will continue to be for aerial data

collection, the same purpose for which the FAA has already authorized UP to operate the AirCover QR425s. UP’s UAS operations will continue to be conducted under the same basic Limitations imposed in

the most recent Section 333 exemptions and according to the applicable Manuals for the particular UAS

that UP will be operating. As emphasized above, the FAA already has approved each of the requested

amendments to the Limitations in recent exemptions. See, e.g., Clean Energy Amended Exemption

Limitations Nos. 1, 18, 19, 20, 27, 30, 31; Bartels Amended Exemption Limitations Nos. 1, 18, 19, 20, 27,

30, 31. The requested amendments and the current Limitations in the UP Exemption collectively ensure

that the UAS operations under the UP Exemption will not adversely affect safety and will provide at least

an equivalent level of safety to that provided by large manned aircraft operations performing the same

functions, and by the regulations from which the Exemption granted relief. There has been no change in

HOGAN LOVELLS US LLP

- 10 -

\\DC - 031138/000012 - 7995545 v4

EXHIBIT A
3

Conditions and Limitations

The conditions and limitations within Grant of Exemption No. 12349 have been superseded, 

and are amended as follows. 

1. The operator is authorized by this grant of exemption to use any aircraft identified on 

the List of Approved Unmanned Aerial Systems (UAS) under Section 333 at 

regulatory docket FAA-2007-3330 at www.regulations.gov, when weighing less than 

55 pounds including payload. Proposed operations of any aircraft not on the list 

currently posted to the above docket will require a new petition or a petition to amend 

this exemption.

2. If operations under this exemption involve the use of foreign civil aircraft,1 the 

operator must obtain a Foreign Aircraft Permit pursuant to 14 CFR § 375.41 prior to 

conducting any commercial air operations under the authority of this 

exemption. Application instructions are specified in 14 CFR § 375.43. Applications 

should be submitted by electronic mail to the DOT Office of International Aviation, 

Foreign Air Carrier Licensing Division. Additional information can be obtained at 

https://cms.dot.gov/policy/aviation-policy/licensing/foreign-carriers

3. PIC certification: Under this exemption, a PIC must hold either an airline transport, 

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

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

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

government. The PIC must also meet the flight review requirements specified in 14 

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

4. PIC qualifications: The PIC must demonstrate the ability to safely operate the UAS in 

a manner consistent with how it will be operated under this exemption, including 

evasive and emergency maneuvers and maintaining appropriate distances from 

persons, vessels, vehicles and structures before operating non-training, proficiency, or 

experience-building flights under this exemption. PIC qualification flight hours and 

currency may be logged in a manner consistent with 14 CFR § 61.51(b), however 

UAS pilots must not log this time in the same columns or categories as time accrued 

during manned flight. UAS flight time must not be recorded as part of total time.

5. Under all situations, the PIC is responsible for the safety of the operation. The PIC is 

also responsible for meeting all applicable conditions and limitations as prescribed in 

this exemption and ATO-issued COA, and operating in accordance with the operating 

documents. All training operations must be conducted during dedicated training 

sessions and may or may not be for compensation or hire. The operation must be 

 

1 Foreign civil aircraft means (a) an aircraft of foreign registry that is not part of the armed forces of a foreign 

nation, or (b) a U.S.-registered aircraft owned, controlled or operated by persons who are not citizens or 

permanent residents of the United States. 14 CFR § 375.1.
4

conducted with a dedicated visual observer (VO) who has no collateral duties and is 

not the PIC during the flight. The VO must maintain visual sight of the aircraft at all 

times during flight operations without distraction in accordance with the conditions 

and limitations below. Furthermore, the PIC must operate the UA not closer than 500 

feet to any nonparticipating person without exception.

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

exemption holder may use either groundspeed or calibrated airspeed to determine 

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

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

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

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

8. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

9. All operations must utilize a VO. The UA must be operated within the VLOS of the 

PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as 

long as the PIC always maintains VLOS capability. The VO and PIC must be able to 

communicate verbally at all times; electronic messaging or texting is not permitted 

during flight operations. The PIC must be designated before the flight and cannot 

transfer his or her designation for the duration of the flight. The PIC must ensure that 

the VO can perform the duties required of the VO.

10. This exemption, the List of Approved Unmanned Aerial Systems (UAS) under Section 

333 at regulatory docket FAA-2007-3330 at www.regulations.gov, and all documents 

needed to operate the UAS and conduct its operations in accordance with the 

conditions and limitations stated in this grant of exemption, are hereinafter referred to 

as the operating documents. The operating documents must be accessible during UAS 

operations and made available to the Administrator upon request. If a discrepancy 

exists between the conditions and limitations in this exemption and the procedures 

outlined in the operating documents, the conditions and limitations herein take 

precedence and must be followed. Otherwise, the operator must follow the procedures 

as outlined in its operating documents. The operator may update or revise its 

operating documents. It is the operator’s responsibility to track such revisions and 

present updated and revised documents to the Administrator or any law enforcement 

official upon request. The operator must also present updated and revised documents 

if it petitions for extension or amendment to this grant of exemption. If the operator 

determines that any update or revision would affect the basis upon which the FAA 

granted this exemption, then the operator must petition for an amendment to its grant 
5

of exemption. The FAA’s UAS Integration Office may be contacted if questions arise 

regarding updates or revisions to the operating documents.

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 prior to conducting further operations under this exemption. 

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

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

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

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

in a condition for safe operation.

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

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

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

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

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

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

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

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

aircraft components.

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

safety bulletins.

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

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

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

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

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

18. For tethered UAS operations, the tether line must have colored pennants or streamers 

attached at not more than 50 foot intervals beginning at 150 feet above the surface of 

the earth and visible from at least 1 mile. This requirement for pennants or streamers 

is not applicable when operating exclusively below the top of and within 250 feet of 

any structure, so long as the UA operation does not obscure the lighting of the 

structure.

19. For UAS operations where GPS signal is necessary to safely operate the UA, the PIC 

must immediately recover/land the UA upon loss of GPS signal.
6

20. If the PIC loses command or control link with the UA, the UA must follow a predetermined route to either reestablish link or immediately recover or land.

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

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

intended operation and to operate after that for at least 5 minutes or with the reserve 

power recommended by the manufacturer if greater.

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

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

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

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

23. All aircraft operated in accordance with this exemption must be registered in 

accordance with 14 CFR parts 47 or 48, and have identification markings in 

accordance with 14 CFR part 45, Subpart C or part 48. For applicability and 

implementation dates of part 48 see 80 FR 78594 (Dec. 16, 2015).

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

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

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

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

official upon request.

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

activities at all times. 

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

27. All flight operations must be conducted at least 500 feet from all persons, vessels, 

vehicles, and structures unless when operating:

a. Over or near people directly participating in the operation of the UAS. People 

directly participating in the operation of the UAS include the PIC, VO, and 

other consenting personnel that are directly participating in the safe operation 

of the UA.

b. Near but not over people directly participating in the intended purpose of the 

UAS operation. People directly participating in the intended purpose of the 

UAS must be briefed on the potential risks and acknowledge and consent to 

those risks. Operators must notify the local Flight Standards District Office 

(FSDO) with a plan of activities at least 72 hours prior to flight operations.

c. Near nonparticipating persons. Except as provided in subsections (a) and (b) 

of this section, a UA may only be operated closer than 500 feet to a person 

when barriers or structures are present that sufficiently protect that person from 

the UA and/or debris or hazardous materials such as fuel or chemicals in the 

event of an accident. Under these conditions, the operator must ensure that the 
7

person remains under such protection for the duration of the operation. If a 

situation arises where the person leaves such protection and is within 500 feet 

of the UA, flight operations must cease immediately in a manner that does not 

cause undue hazard to persons.

d. Near vessels, vehicles and structures. Prior to conducting operations the 

operator must obtain permission from a person with the legal authority over 

any vessels, vehicles, or structures that will be within 500 feet of the UA 

during operations. The PIC must make a safety assessment of the risk of 

operating closer to those objects and determined that it does not present an 

undue hazard.

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

permission from a person with the legal authority to grant access. Permission will be 

obtained for each flight to be conducted.

29. 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 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.

For operations conducted closer than 500 feet to people directly participating in the intended 

purpose of the operation, not protected by barriers, the following additional conditions and 

limitations apply:

30. The operator must have an operations manual that contains at least the following 

items, although it is not restricted to these items.

a. Operator name, address, and telephone number.

b. Distribution and Revision. Procedures for revising and distributing the operations 

manual to ensure that it is kept current. Revisions must comply with the applicable 

conditions and limitations in this exemption.

c. Persons Authorized. Specify criteria for designating individuals as directly 

participating in the safe operation of the UAS. The operations manual must include 

procedures to ensure that all operations are conducted at distances from persons in 

accordance with the conditions and limitations of the exemption.

d. Plan of Activities. The operations manual must include procedures for the 

submission of a written plan of activities.

e. Permission to Operate. The operations manual shall specify requirements and 

procedures that the operator will use to obtain permission to operate over property 

or near vessels, vehicles, and structures in accordance with this exemption.

f. Security. The manual must specify the method of security that will be used to 

ensure the safety of nonparticipating persons. This should also include procedures 

that will be used to stop activities when unauthorized persons, vehicles, or aircraft 

enter the operations area, or for any other reason, in the interest of safety.
8

g. Briefing of persons directly participating in the intended operation. Procedures 

must be included to brief personnel and participating persons on the risks involved, 

emergency procedures, and safeguards to be followed during the operation. 

h. Personnel directly participating in the safe operation of the UAS Minimum 

Requirements. In accordance with this exemption, the operator must specify the 

minimum requirements for all flight personnel in the operating manual. The PIC at 

a minimum will be required to meet the certification standards specified in this 

exemption.

i. Communications. The operations manual must contain procedures to provide 

communications capability with participants during the operation. The operator 

can use oral, visual, or radio communications as along as the participants are 

apprised of the current status of the operation.

j. Accident Notification. The operations manual must contain procedures for 

notification and reporting of accidents in accordance with this exemption.

In accordance with this exemption, the operating manual and all other operating 

documents must be accessible to the PIC during UAS operations.

31. At least 72 hours prior to operations, the operator must submit a written Plan of 

Activities to the local Flight Standards District Office having jurisdiction over the 

proposed operating area.

The Plan of Activities must include at least the following:

a. Dates and times for all flights. For seasonal or long-term operations, this can 

include the beginning and end dates of the timeframe, the approximate frequency 

(e.g. daily, every weekend, etc.), and what times of the day operations will occur. 

A new plan of activities must be submitted prior to each season or period of 

operations.

b. Name and phone number of the on-site person responsible for the operation.

c. Make, model, and serial or N-Number of each UAS to be used.

d. Name and certificate number of each UAS PIC involved in the operations.

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

Upon request, the operator will make available a list of those who gave 

permission.

f. Signature of exemption holder or representative stating the plan is accurate.

g. A description of the flight activity, including maps or diagrams of the area over 

which operations will be conducted and the altitudes essential to accomplish the 

operation.

In accordance with this exemption, the Plan of Activities and all other operating 

documents must be accessible to the PIC during UAS operations. A new Plan of 

Activities must be submitted should there be any changes to items (a) through (g).
9

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

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

parts 45, 47, 61, and 91.

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

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures