December 15, 2015

U.S. Department of Transportation

West Building Ground Floor, Room w12-140

1200 New Jersey Avenue, SE., Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act

Dear Sir or Madam:

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

14

C.F.R. Part 11, Paragon Flight Training Co. a flight training company and operator of Small

Unmanned Aircraft Systems (“sUASs”), hereby applies for an exemption from the Federal

Aviation Regulations (FARs) listed below to allow operation of our Small Unmanned Aircraft

System (sUAS) commercially in airspace regulated by the Federal Aviation Administration

(FAA) so long as such operations are conducted with and under the conditions outlined

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

The requested exemption would permit Paragon Flight Training Co. to pursue its commercial

interests in providing services to clients using a small advanced sUAS in the following areas:

 Precision agriculture aerial surveying

 Pipeline inspection and patrolling

 Utility-power generation system inspections and patrolling

 Communications infrastructure inspection/monitoring

 Wildlife and forestry monitoring

 Constructionsite inspectionandmonitoring

 Public entity support operations.

 Real estate photography

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

unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 1)

limited 2) predetermined 3) controlled as to access and 4) would provide safety

enhancements to the already best practices safety protocols followed by Paragon Flight 

Training Co. at each of its client project locations. Approval of this exemption would thereby

enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s)

responsibilities to “...establish requirements for the safe operation of such aircraft systems in

the national airspace system.” Section 333(c) of the Reform Act.
The name and address of the applicant is:

Paragon Flight Training Co.

Attn: Jeffrey Wolf

511 Danley Drive

Fort Myers, FL 33907

Phone: 239-274-3170

Email: info@paragonflight.com

Regulations from which the exemption is requested:

14C.F.R. Part 21 Certification procedures for products and parts

14 C.F.R. 45.23(b) Identification and registration marking

14C.F.R. 61.113 (a)&(b) Private pilot privileges and limitations: pilot in

command.

14C.F.R.91.7 (a) Civil aircraft airworthiness

14C.F.R. 91.9 (b)(2) Civil aircraft flight manual, marking, and placard 

requirements

14C.F.R.91.103 Preflight action

14C.F.R.91.109 Flight instruction; simulated instrument flight and certain flight

tests

14C.F.R. 91.119 Minimumsafe altitudes;general

14C.F.R.91.121 Altimeter settings

14C.F.R.91.151 (a) Fuel requirements and flight in VFR conditions

14C.F.R. 91.203 (a)&(b) Civil aircraft; certifications required

14C.F.R.91.405 (a) Maintenance required

14C.F.R. 407 (a)(1) Operation after maintenance, preventative maintenance, rebuilding

or alteration

14C.F.R. 409 (a)(2) Inspections

14C.F.R. 417 (a)&(b) Maintenance records
I. STATUTORY AUTHORITY FOR EXEMPTIONS

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

authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, 

including sUASs, from the requirement that all civil aircraft must have a current airworthiness 

certificate.

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

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

finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 

USC §44704; 14 CFR §91.203(a) (1).

Section 333(b) of the Reform Act assists the Secretary in determining whether sUAS may operate 

in the National Airspace System (NAS) without creating a hazard to the user, the public, or a 

threat to national security. In making this determination, the Secretary must consider:

The sUAS’s size, weight, speed, and operational capability;

Whether the sUAS operates within the visual line of sight of the operator

Whether the sUAS operates outside of highly populated areas and away from close proximity to 

airports

Reform Act §333(a). If the Secretary determines that a sUAS “may operate safely in the national 

airspace system, the Secretary shall establish requirements for the safe operation of such aircraft 

in the national airspace system.” Id. §333(c).

Paragon Flight Training Co.’s sUASs are rotorcraft, weighting 55 or fewer lbs. including payload. 

They operate, under normal conditions at a speed of no more than 50 knots and have the 

capability to hover, and move in the vertical and horizontal plane simultaneously. They will 

operate only in line of sight and will operate only within a sterile area. Such operations will insure 

that the sUAS will “not create a hazard to users of the national airspace system or the public.”

We are petitioning for exemption to enable SPSRV to operate a DJI Inspire 1 multi-rotor 

equipped with a three-axis gimbaled camera. These sUAS all weigh less than 25 lbs., have a 

built- in capability to limit the height it flies above the ground, to limit the radius of the distance it 

flies from the operator and to exclude it from Class B, C and D airspace including a no fly zone

feature. Each system also has the failsafe function of the autopilot system, which means when the 

communication between the Main Controller and the transmitter is lost, the system will 

automatically trigger Return to Home and will land safely.

Given the small size of the sUAS involved and the restricted and sterile environment within

which they will operate, our application falls squarely within the zone of safety (an equivalent

level of safety) in which Congress envisioned that the FAA must, by exemption, allow

commercial operations of sUAS to commence immediately. Also due to the small size of the

sUAS and the low altitudes and restricted areas in which the sUAS will operate, approval of the

application presents no national security issue.
Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal

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

operations, and the significant public benefit, including enhanced safety, the grant of the 

requested exemption is in the public interest. Accordingly, Paragon Flight Training Co. 

respectfully requests the FAA grant the requested exemption without delay.

Applicant interprets this provision to place the duty on the Administrator to not only process 

applications for exemption under section 333, but for the Administrator to craft conditions for the 

safe operation of the UAS, if it should be determined that the conditions set forth herein do not 

fulfill the statutory requirements for approval. The Federal Aviation Act expressly grants the 

FAA the authority to issue exemptions. This statutory authority by its terms includes exempting 

civil aircraft, as the term is defined under §40101 of the Act that includes sUASs, from the 

requirement that all civil aircraft must have a current airworthiness certificate. 

II. PUBLIC INTEREST

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

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

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

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

Act. By granting an exemption the FAA will fulfill Congress’s intent of allowing UAS to 

operate with significant safety precautions in low risk environments.

The use of sUAS on a work site can significantly reduce the risk to workers of falls while 

inspecting, surveying, or monitoring site progress. sUAS can inspect, photograph, and collect 

data on hard to get to areas that otherwise would require worker inspection. Falls are a leading 

source of workplace fatality and injury on construction sites, and reducing falls through sUAS 

use for site imaging could save workers lives. 

Additionally, sUAS could replace the use of helicopters and small aircraft to monitor sites. The 

sUAS we propose to fly in this application are under pounds, and carry no combustible material 

on board, as opposed to the much larger conventionally powered small aircraft. Shifting to 

sUAS from helicopters presents a marked safety increase for our workers and the public.

Lastly, sUAS reduce the environmental impact by dramatically decreasing the energy use for 

aerial imaging and data collection over a construction site. Our sUAS use rechargeable lithium 

ion batteries as opposed to fossil fuels burned in operation of small aircraft that re many 

hundreds of times heavier. 

Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles “may operate 

safely in the national airspace system, the Secretary shall establish requirements for the safe 

operation of such aircraft in the national airspace system.” Id. §333(c) (emphasis added)

Accordingly, the applicant respectfully requests that the FAA grant the requested exemption 

without delay.
III. AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

Paragon Flight Training Co. proposes that the exemption requested herein apply sUAS that have 

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

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

regulations structure because the proposed operations under the current regulations structure 

because the proposed operations represent a safety enhancement to the already safe operations 

conducted with conventional aircraft. These limitations and conditions to which Paragon Flight 

Training Co. agrees to be bound when conducting commercial operations under an FAA issued 

exemption include: 

1. The sUAS will be less than 55 pounds. 

2. Flights will be operated within visual line of sight of a pilot.

3. Maximum total flight time for each operational flight will be 30 minutes. The UAS 

calculates battery reserve in real time, and will return to its ground station with at least 

20% battery power reserve should that occur prior to the 30-minute limit. 

4. Flights will normally be operated at an altitude of 200 feet AGL, never exceeded 400 

AGL.

5. Crew for each operation will consist of the sUAS Pilot who will keep the sUAS within 

his visual line of sight at all times. 

6. The sUAS Pilot will be trained in flight, operations, and safety procedures as detailed in 

the Flight Manual.

7. The sUAS will only operate within a confined “Sterile Area” as defined in the Manual. 

The Manual also requires the establishment of a “Security Perimeter” for the flight 

operations area.

8. A briefing will be conducted in regard to the planned sUAS operations prior to each 

day’s production activities. It will be mandatory that all personnel who will be 

performing duties within the boundaries of a safety perimeter be present for this briefing.

9. All onsite personnel will consent to the UAS flyover on site by waiver, and the operator 

will obtain additional verbal or written consent of all persons who will be allowed within 

100 feet of the flight operation. 

10. Pilot will have been trained in operation of UASs generally and received up-to-date 

information on the particular UAS to be operated as required by Section F of the Manual.

11. Written and/or oral permission from the relevant property holders will be obtained.

12. All requirements permissions and permits will be obtained from territorial, state, county, 

or city jurisdictions, including local law enforcement, fire, or other appropriate 

governmental agencies. 

13. If the sUAS loses communication or loses its GPS signal, it will have capacity to enter 

“loiter mode” and hover, reestablish satellite connection, and return to a predetermined 

location within the Security Perimeter and land.
IV. DESCRIPTION OF SPECIFIC REGULATIONS

14 C.F.R. §45.23(b).Identificationandregistrationmarkings

(a) Each operator of an aircraft must display on the aircraft marks consisting of Roman capital 

letter “N” (denoting United States registration) followed by the registration number of the 

aircraft. Each suffix letter used in the marks displayed must also be a Roman capital letter.

(b) When marks include only the Roman letter “N” and the registration number is displayed on 

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

aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, 

or pilot station, in letter not less than 2 inches nor more than 6 inches high, the words “limited,” 

“restricted,” “light-sport,” “experimental,” or “provisional,” as applicable. 

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

UAS will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” 

will be placed on the fuselage in compliance with §45.29 (f).

The Equivalent level of safety will be provided by having the sUAV marked on its fuselage as 

required by §45.29 (f) where the pilot, observer and others working with the sUAS will see the 

identification of the UAS as “Experimental.” The FAA has issued the following exemptions to 

this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.

14CFR§ 61.113 (a)&(b):Privatepilotprivileges andlimitations:Pilotincommand

(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 the 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.

(c) A private pilot may not pay less than the pro rata share of the operations expenses of a flight 

with passengers, provided the expenses involve only fuel, oil, airport expenditures, or rental 

fees.

(d) A private pilot may act as pilot in command of a charitable, nonprofit, or community event 

flight described in §91.146, if the sponsor and pilot comply with the requirements of 

§91.146.

(e) A private pilot may be reimbursed for aircraft operating expenses that are directly related to 

search and location operations, provided the expenses involve only fuel, oil, airport 

expenditures, or rental fees, and the operation is sanctioned and under the direction of control 

of:

(1) A local, State, or Federal agency; or
(2) An organization that conducts search and location operations.

(f) A private pilot who is an aircraft salesman and who has at least 200 hours of logged flight 

time may demonstrate an aircraft in flight to a prospective buyer.

(g) A private pilot who meets the requirements of §61.69 may act as a pilot in command of an 

aircraft towing a glider or unpowered ultralight vehicle.

(h) A private pilot may act as pilot in command for the purpose of conducting a production flight 

test in a light-sport aircraft intended for certification in the light-sport category under §21.190 

of this chapter, provided that-

(1) The aircraft is a powered parachute or a weight-shift-control aircraft; 

(2) The person has at least 100 hours of pilot-in-command in the category and class of 

aircraft flown; and

(3) The person is familiar with the processes and procedures applicable to the conduct of 

production flight testing, to include operations conducted under a special flight permit 

and any associated operations limitations.

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

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

safety of current operations by requiring the Pilot operating the aircraft to have completed a 

sUAS flight training course of 100 hours before flight a sUAS. Unlike a conventional aircraft 

that carries the pilot and passengers, the sUAS is remotely controlled with no living thing or 

cargo on board. Paragon Flight Training Co.’s sUAS is also operated by an autopilot, which 

greatly reduces the danger of human error. 

14 C.F.R. §91.7(a): 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 weather that aircraft is 

in condition for safe flight. The pilot in command shall discontinue the flight when unairworthy mechanical, electrical, or structural conditions occur.

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

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

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

Given the size of the aircraft and the requirements contained in the Manual for maintenance and 

use of safety check lists prior to each flight, as set forth in Sections J, L and Q, an equivalent 

level of safety will be provided.

14 C.F.R. § 91.9 (b)(2): Civil Aircraft Flight Manual in the Aircraft.

(a) Except as provided in paragraph (d) of this section, no person may operate a civil aircraft 
without complying with the operating limitations specified in the approved Airplane or 

Rotorcraft Flight Manual, makings, and placards, or as otherwise prescribed by the 

certificating authority of the country of registry.

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

(1) For which an Airplane or Rotorcraft Flight Manual is required by §21.5 of this chapter 

unless there is available in the aircraft a current, approved Airplane or Rotorcraft Flight 

Manual or the manual provided in §121.141(b); and 

(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 Airplane or Rotorcraft 

Flight Manual, approved manual material, markings, and placards, or any combination 

thereof.

(c) No person may operate a U.S.-registered civil aircraft unless that aircraft is identified in 

accordance with part 45 of this chapter.

(d) Any person taking off or landing a helicopter certificated under part 29 of this chapter at a 

heliport constructed over water may make such momentary flight as in necessary for takeoff 

or landing through the prohibited range of the limited height-speed envelope established for 

the helicopter if that flight through the prohibited range takes place over water on which a 

safe ditching can be accomplished and if the helicopter is amphibious or is equipped with 

floats or other emergency flotation gear adequate to accomplish a safe emergency ditching on 

water. 

Section 91.9 (b)(2) provides: 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 airplane or Rotorcraft Flight Manual, 

approved manual material, markings, and placards, or any combination thereof. The sUAS, 

given its size and configuration has no ability or place to carry such a flight manual on the 

aircraft, not only because there is no pilot on board, but because there is no room or capacity to 

carry such an item on the aircraft. 

The equivalent level of safety will be maintained by keeping the flight manual at the ground 

control point where the pilot flying the sUAS will have immediate access to it. The FAA has 

issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 

9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

14 C.F.R. § 91.103: Preflight Action

Each pilot in command shall, before beginning a flight, become familiar with all available 

information concerning that flight. This information must include-

(a) For a flight under IFR or a flight not in the vicinity of an airport, weather reports and 

forecasts, fuel requirements, alternatives available if the planned flight cannot be completed, 

and any known traffic delays of which the pilot in command has been advised by ATC;

(b) For any flight, runway lengths at airports of intended use, and the following takeoff and 

landing distance information:

(1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing 
takeoff and landing distance data is required, the takeoff and landing distance data 

contained therein; and

(2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other 

reliable information appropriate to the aircraft, relating to aircraft performance under 

expected values of airport evaluation and runway slope, aircraft gross weight, and wind 

and temperature.

This regulation requires each pilot in command to take certain actions before flight to insure the 

safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft 

an exemption will be needed. The PIC will take all actions including reviewing weather, flight 

battery requirements, landing and takeoff distances and takeoff distances and aircraft 

performances data before initiation of flight.

14 C.F.R. §91.109: Flight Instruction:

(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. However, 

instrument flight instruction may be given in an airplane that is equipped with a single, 

functioning throwover control wheel that controls the elevator and ailerons, in place of fixed, 

dual controls, when-

(1) The instructor has determined that the flight can be conducted safely; and

(2) The person manipulating the controls has at lease a private pilot certificate with 

appropriate category and class ratings. 

(b) An airplane equipped with a single, functioning throwover control wheel that controls the 

elevator and ailerons, in place of fixed, dual controls may be used for flight instruction to 

conduct a flight review required by §61.56 of this chapter, or to obtain recent flight 

experience or an instrument proficiency check required by §61.57 when-

(1) The airplane is equipped with operable rudder pedals at both pilot stations;

(2) The pilot manipulating the controls is qualified to serve and serves as pilot in command 

during the entire flight;

(3) The instructor is current and qualified to serve as pilot in command of an airplane, meets 

the requirements of §51.195(b), and has logged at least 25 hours of pilot-in-command 

flight time in the make and model of airplane; and 

(4) The pilot-in-command and the instructor have determined the flight can be conducted 

safely.

(c) No person may operate a civil aircraft in simulated instrument flight unless-

(1) The other control seat is occupied by a safety pilot who possesses at least a private pilot 

certificate with category and class ratings appropriate to the aircraft being flown.

(2) The safety pilot has adequate vision forward and to each side of the aircraft, or a 

competent observer in the aircraft adequately supplements the vision of the safety pilot; 

and
(3) Except in the case of lighter-than-air aircraft, that aircraft is equipped with fully 

functioning dual controls. However simulated instrument flight may be conducted in a 

single-engine airplane, equipped with a single, functioning throwover control wheel, in 

place of fixed, dual controls of the elevator and ailerons, when-

(i) The safety pilot has determined that the flight can be conducted safely; and 

(ii) The person manipulating the controls has at least a private pilot certificate with 

appropriate category and class ratings.

(d) No Person may operate a civil aircraft that is being used for a flight test for an airplane 

transport pilot certificate or a class or type rating on the certificate, or for a part 121 

proficiency flight test, unless the pilot seated at the controls, other than the pilot being 

checked, is fully qualified to act as pilot in command of the aircraft.

Section 91.103 provides that no person may operate a civil aircraft (except a manned fee 

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual 

controls.

sUASs and remotely piloted aircraft, by their design do not have fully functional dual controls. 

Flight control is accomplished through the use of a control box that communicates with the 

aircraft via radio communications. The FAA has approved exemptions for flight training 

without fully functional dual controls for a number of aircraft and for flight instruction in 

experimental aircraft. See Exemptions nos.5778K & 9862A. The equivalent level of safety

provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the

size and speed of the aircraft. 

14 C.F.R. §91.119: Minimum safe altitudes

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

following altitudes: 

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue 

hazard to persons or property on the surface. 

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any 

open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a 

horizontal radius of 2,000 feet of the aircraft. 

(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. 

(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is 

conducted without hazard to persons or property on the surface—

(1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or 

(c) of this section, provided each person operating the helicopter complies with any 

routes or altitudes specifically prescribed for helicopters by the FAA; and

(2) A powered parachute or weight-shift-control aircraft may be operated at less than the 
minimums prescribed in paragraph (c) of this section.

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119(d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating 

the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As 

this exemption is for a sUAS that is a helicopter and the exemption requests authority to operate 

at altitudes up to 400’ AGL, or not more than 200 above an elevated platform from which 

filming is planned, an exemption may be needed to allow such operations. As set forth herein, 

the UAS will never operate at higher than 400 AGL. Compared to flight operations with aircraft 

or rotorcraft weighing far more than the maximum 55lbs. proposed herein and the lack of 

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

presented with conventional aircraft operating at or below 500’ AGL other industries. In 

addition, the low-altitude operations of the sUAS will ensure separation between these smallUAS operations and the operations of conventional aircraft that must comply with Section 

91.119.

§91.121 Altimeter settings.

(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; or 

(2) At or above 18,000 feet MSL, to 29.92′′ Hg. 

(b) The lowest usable flight level is determined by the atmospheric pressure in the area of 

operation as shown in the following table:

Current altimeter setting Lowest usable flight level

29.92 (or higher) 180

29.91 through 29.42 185

29.41 through 28.92 190

28.91 through 28.42 195

28.41 through 27.92 200

27.91 through 27.42 205

27.41 through 26.92 210

(c) To convert minimum altitude prescribed under §§91.119 and 91.177 to the minimum flight 

level, the pilot shall take the flight level equivalent of the minimum altitude in feet and add 
the appropriate number of feet specified below, according to the current reported altimeter 

setting:

(d) Current altimeter setting Adjustment factor

29.92 (or higher) None

29.91 through 29.42 500

29.41 through 28.92 1,000

28.91 through 28.42 1,500

28.41 through 27.92 2,000

27.91 through 27.42 2,500

27.41 through 26.92 3,000

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

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

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

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

will be achieved by the operator, pursuant to the Manual and Safety Check list, confirming the 

altitude of the launch site shown on the GPS altitude indicator before flight.
14 C.F.R. § 91.151(a): 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; or 

(2) At night, to fly after that for at least 45 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. 

Section 91.151 (a) prohibits an individual from beginning “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; or (2) At night, to fly after that for at least 45 minutes.”

The battery powering the sUAS provides approximately 40 minutes of powered flight. To meet 

the 30- minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to 

approximately 10 minutes in length. Given the limitations on the UAS’s proposed flight area and 

the location of its proposed operations within a predetermined area, a longer time frame for flight 

in daylight or night VFR conditions is reasonable. Applicant believes that an exemption from 14 

CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing 

Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating 

the small UAS, in a tightly controlled area where only people and property owners or official 

representatives who have signed waivers will be allowed, with less than 30 minutes of reserve 

fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given 

the size and speed of the small UAS. Additionally, limiting sUAS flights to 10 minutes would 

greatly reduce the utility for which the exemption will be granted. Applicant believes that an 

equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of battery

power whichever happens first. This restriction would be more than adequate to return the sUAS 

to its planned landing zone from anywhere in its limited operating area. Similar exemptions 

have been granted to other operations, including Exemption 2689F, 5745, 10673, and 10808.
14 C.F.R. § 91.203 (a)(1) & (b): 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. Each U.S. airworthiness certificate 

used to comply with this subparagraph (except a special flight permit, a copy of the 

applicable operations specifications issued under §21.197(c) of this chapter, appropriate 

sections of the air carrier manual required by parts 121 and 135 of this chapter containing 

that portion of the operations specifications issued under §21.197(c), or an authorization 

under §91.611) must have on it the registration number assigned to the aircraft under part 

47 of this chapter. However, the airworthiness certificate need not have on it an assigned 

special identification number before 10 days after that number is first affixed to the 

aircraft. A revised airworthiness certificate having on it an assigned special identification 

number, that has been affixed to an aircraft, may only be obtained upon application to an 

FAA Flight Standards district office. 

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

(c) No person may operate an aircraft with a fuel tank installed within the passenger 

compartment or a baggage compartment unless the installation was accomplished pursuant to 

part 43 of this chapter, and a copy of FAA Form 337 authorizing that installation is on board 

the aircraft. 

(d) No person may operate a civil airplane (domestic or foreign) into or out of an airport in the 

United States unless it complies with the fuel venting and exhaust emissions requirements of 

part 34 of this chapter.

The UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As 

such, there is no ability or place to carry certification and registration documents or to display

them on the sUAS.

An equivalent level of safety will be achieved by keeping these documents at the ground control 

point where the pilot flying the sUAS will have immediate access to them, to the extent they are 

applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A

representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 

9816A, and 10700.

14 C.F.R. §91.405(a); 407(a)(1); 409(a)(2); 417(a) & (b): Maintenance Inspections

§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;
(b) Shall ensure that maintenance personnel make appropriate entries in the aircraft maintenance 

records indicating the aircraft has been approved for return to service; 

(c) Shall have any inoperative instrument or item of equipment, permitted to be inoperative by 

§91.213(d)(2) of this part, repaired, replaced, removed, or inspected at the next required 

inspection; and 

(d) When listed discrepancies include inoperative instruments or equipment, shall ensure that a 

placard has been installed as required by §43.11 of this chapter. 

§91.407 Operations after maintenance, preventive maintenance, rebuilding, or alteration.

(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; and 

(2) The maintenance record entry required by §43.9 or §43.11, as applicable, of this chapter 

has been made. 

(b) No person may carry any person (other than crewmembers) in an aircraft that has been 

maintained, rebuilt, or altered in a manner that may have appreciably changed its flight 

characteristics or substantially affected its operation in flight until an appropriately rated pilot 

with at least a private pilot certificate flies the aircraft, makes an operational check of the 

maintenance performed or alteration made, and logs the flight in the aircraft records. 

(c) The aircraft does not have to be flown as required by paragraph (b) of this section if, prior to 

flight, ground tests, inspection, or both show conclusively that the maintenance, preventive 

maintenance, rebuilding, or alteration has not appreciably changed the flight characteristics 

or substantially affected the flight operation of the aircraft.

§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.

No inspection performed under paragraph (b) of this section may be substituted for any

inspection required by this paragraph unless it is performed by a person authorized to 

perform annual inspections and is entered as an “annual” inspection in the required 

maintenance records. 

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

carrying any person (other than a crewmember) for hire, and no person may give flight 

instruction for hire in an aircraft which that person provides, unless within the preceding 100 

hours of time in service the aircraft has received an annual or 100-hour inspection and been 

approved for return to service in accordance with part 43 of this chapter or has received an 

inspection for the issuance of an airworthiness certificate in accordance with part 21 of this 

chapter. The 100-hour limitation may be exceeded by not more than 10 hours while en route 

to reach a place where the inspection can be done. The excess time used to reach a place 
where the inspection can be done must be included in computing the next 100 hours of time 

in service.

(c) Paragraphs (a) and (b) of this section do not apply to—

(1) An aircraft that carries a special flight permit, a current experimental certificate, or a 

light-sport or provisional airworthiness certificate; 

(2) An aircraft inspected in accordance with an approved aircraft inspection program under 

part 125 or 135 of this chapter and so identified by the registration number in the 

operations specifications of the certificate holder having the approved inspection 

program; 

(3) An aircraft subject to the requirements of paragraph (d) or (e) of this section; or 

(4) Turbine-powered rotorcraft when the operator elects to inspect that rotorcraft in 

accordance with paragraph (e) of this section. 

(d) Progressive inspection. Each registered owner or operator of an aircraft desiring to use a 

progressive inspection program must submit a written request to the FAA Flight Standards 

district office having jurisdiction over the area in which the applicant is located, and shall 

provide—

(1) A certificated mechanic holding an inspection authorization, a certificated airframe repair 

station, or the manufacturer of the aircraft to supervise or conduct the progressive 

inspection;

(2) A current inspection procedures manual available and readily understandable to pilot and 

maintenance personnel containing, in detail—

(i) An explanation of the progressive inspection, including the continuity of inspection 

responsibility, the making of reports, and the keeping of records and technical 

reference material;

(ii) An inspection schedule, specifying the intervals in hours or days when routine and 

detailed inspections will be performed and including instructions for exceeding an 

inspection interval by not more than 10 hours while en route and for changing an 

inspection interval because of service experience;

(iii)Sample routine and detailed inspection forms and instructions for their use; and

(iv)Sample reports and records and instructions for their use;

(3) Enough housing and equipment for necessary disassembly and proper inspection of the 

aircraft; and

(4) Appropriate current technical information for the aircraft.

The frequency and detail of the progressive inspection shall provide for the complete 

inspection of the aircraft within each 12 calendar months and be consistent with the 

manufacturer's recommendations, field service experience, and the kind of operation in 

which the aircraft is engaged. The progressive inspection schedule must ensure that the 

aircraft, at all times, will be airworthy and will conform to all applicable FAA aircraft 

specifications, type certificate data sheets, airworthiness directives, and other approved data. 

If the progressive inspection is discontinued, the owner or operator shall immediately notify

the local FAA Flight Standards district office, in writing, of the discontinuance. After the 

discontinuance, the first annual inspection under §91.409(a)(1) is due within 12 calendar 

months after the last complete inspection of the aircraft under the progressive inspection. The 

100-hour inspection under §91.409(b) is due within 100 hours after that complete inspection. 

A complete inspection of the aircraft, for the purpose of determining when the annual and 

100-hour inspections are due, requires a detailed inspection of the aircraft and all its 

components in accordance with the progressive inspection. A routine inspection of the 
aircraft and a detailed inspection of several components is not considered to be a complete 

inspection.

(e) Large airplanes (to which part 125 is not applicable), turbojet multiengine airplanes, 

turbopropeller-powered multiengine airplanes, and turbine-powered rotorcraft. No person 

may operate a large airplane, turbojet multiengine airplane, turbopropeller-powered 

multiengine airplane, or turbine-powered rotorcraft unless the replacement times for lifelimited parts specified in the aircraft specifications, type data sheets, or other documents 

approved by the Administrator are complied with and the airplane or turbine-powered 

rotorcraft, including the airframe, engines, propellers, rotors, appliances, survival equipment, 

and emergency equipment, is inspected in accordance with an inspection program selected 

under the provisions of paragraph (f) of this section, except that, the owner or operator of a 

turbine-powered rotorcraft may elect to use the inspection provisions of §91.409(a), (b), (c), 

or (d) in lieu of an inspection option of §91.409(f). 

(f) Selection of inspection program under paragraph (e) of this section. The registered owner or 

operator of each airplane or turbine-powered rotorcraft described in paragraph (e) of this 

section must select, identify in the aircraft maintenance records, and use one of the following 

programs for the inspection of the aircraft: 

(1) A continuous airworthiness inspection program that is part of a continuous airworthiness 

maintenance program currently in use by a person holding an air carrier operating 

certificate or an operating certificate issued under part 121 or 135 of this chapter and 

operating that make and model aircraft under part 121 of this chapter or operating that 

make and model under part 135 of this chapter and maintaining it under §135.411(a)(2) 

of this chapter. 

(2) An approved aircraft inspection program approved under §135.419 of this chapter and 

currently in use by a person holding an operating certificate issued under part 135 of this 

chapter. 

(3) A current inspection program recommended by the manufacturer. 

(4) Any other inspection program established by the registered owner or operator of that 

airplane or turbine-powered rotorcraft and approved by the Administrator under 

paragraph (g) of this section. However, the Administrator may require revision of this 

inspection program in accordance with the provisions of §91.415.

Each operator shall include in the selected program the name and address of the person 

responsible for scheduling the inspections required by the program and make a copy of that 

program available to the person performing inspections on the aircraft and, upon request, to 

the Administrator. 

(g) Inspection program approved under paragraph (e) of this section. Each operator of an 

airplane or turbine-powered rotorcraft desiring to establish or change an approved inspection 

program under paragraph (f)(4) of this section must submit the program for approval to the 

local FAA Flight Standards district office having jurisdiction over the area in which the 

aircraft is based. The program must be in writing and include at least the following 

information: 

(1) Instructions and procedures for the conduct of inspections for the particular make and 

model airplane or turbine-powered rotorcraft, including necessary tests and checks. The 

instructions and procedures must set forth in detail the parts and areas of the airframe, 
engines, propellers, rotors, and appliances, including survival and emergency equipment 

required to be inspected. 

(2) A schedule for performing the inspections that must be performed under the program 

expressed in terms of the time in service, calendar time, number of system operations, or 

any combination of these. 

(h) Changes from one inspection program to another. When an operator changes from one 

inspection program under paragraph (f) of this section to another, the time in service, 

calendar times, or cycles of operation accumulated under the previous program must be 

applied in determining inspection due times under the new program.

§91.417 Maintenance Records.

(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. 
(c) The owner or operator shall make all maintenance records required to be kept by this section 

available for inspection by the Administrator or any authorized representative of the National 

Transportation Safety Board (NTSB). In addition, the owner or operator shall present Form 

337 described in paragraph (d) of this section for inspection upon request of any law 

enforcement officer. 

(d) When a fuel tank is installed within the passenger compartment or a baggage compartment 

pursuant to part 43 of this chapter, a copy of FAA Form 337 shall be kept on board the 

modified aircraft by the owner or operator.

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

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

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

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

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, 

these sections will not apply to the applicant. The operator pursuant to the flight manual and 

operating handbook will accomplish maintenance. An equivalent level of safety will be achieved 

because these small UASs are very limited in size and will carry a small payload and operate 

only in restricted areas for limited periods of time. If mechanical issues arise the UAS can land 

immediately and will be operating from no higher than 400 feet AGL. As provided in the 

Manual, the operator will ensure that the UAS is in working order prior to initiating flight, 

perform required maintenance, and keep a log of any maintenance performed. Moreover, the 

operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an 

airworthy condition to provide the equivalent level of safety.

*********

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

Register, should it be determined that publication is needed: Applicant seeks an exemption from 

the following rules:

14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7 (a); 91.9 (b)

(2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a);91.407 (a) (1); 

91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned 

vehicle (55lbs or less).

Approval of exemptions allowing commercial operations of sUASs, will enhance safety by

reducing risk. Conventional operations, using jet or piston power aircraft, operate at extremely

low altitudes just feet from the subjects being filmed and in extreme proximity to people and 

structures and present the risks associated with vehicles that weigh in the neighborhood of 

4,000lbs, carrying large amounts of jet A or other fuel. Such aircraft must fly to and from the 

operational location. In contrast, a sUAS weighing fewer than 55 lbs. and powered by batteries 

eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried 

on board. The sUAS is carried to the operation site and not flown. The sUAS will carry no 

passengers or crew and, therefore, will not expose them to the risks associated with manned 

aircraft flights.
The operation of small UASs, weighting less than 55 lbs., conducted in the strict conditions 

outlined above, will provide an equivalent level of safety supporting the grant of the exemptions 

requested herein, including exempting the applicant from the requirements of Part 21 and 

allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the 

ground, and in a sterile environment and, as a result, are far safer than conventional operations 

conducted with turbine helicopters operating in close proximity to the ground and people.

Privacy

All flights will occur over private or controlled access property with the property owner’s prior 

consent and knowledge. Filming will be of people who have also consented to being filmed or 

otherwise have agreed to be in the area where filming will take place. The grant of this 

exemption request will provide improved safety in both day and night operations. Satisfaction of 

the criteria provided in Section 333 of the Reform Act of 2012-size, weight, speed, operating 

capabilities, proximity to airports and populated areas and operation within visual line of sight 

and national security – provide more than adequate justification for the grant of the requested 

exemptions allowing commercial operation of applicant’s UAS.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012--size, weight, 

speed, operating capabilities, proximity to airports and populated areas and operation within 

visual line of sight and national security – provide more than adequate justification for the grant 

of the requested exemptions allowing commercial operation of applicant’s sUAS in our clients’ 

specified industries.

Sincerely,

________________________

Christopher Schoensee

President/CEO

Paragon Flight Training Co.