October 20, 2015 

U. S. Department of Transportation

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations 

from 14 C.F.R. 45.23(b);14 CFR Part 21;14 CFR 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) & (b);91.405 (a); 91.407(a) (1); 91.409 (a) (2);91.417 (a) & (b). 

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. 

Part 11, Luck Stone Corporation, operator of Small Unmanned Aircraft Systems (“sUASs”) equipped to use 

sUAS to inspect and document mining operations and safety inspections. These include: 

• Mining equipment safety inspection,

• Stone products inventory collection,

• Photography and videography,

• Mining property inspection (High Wall Inspections)

• Aerial surveying,

• Construction site inspection and monitoring 

Luck Stone Corporation hereby applies for an exemption from the listed Federal Aviation Regulations 

(“FARs”) to allow commercial operation of its sUASs, so long as such operations are conducted within and 

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

Applicant requests that the issued exemption includes closed-set filming and 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 safe operations using 

conventional aircraft. 

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: 

Luck Stone Corporation

Trevor L. Blanning

515 Stone Mill Drive

Manakin-Sabot, VA 23103

Ph: 804-784-6300

E-Mail: TLBlanning@LuckStone.com

Regulations from which the exemption is requested: 

14 CFR Part 21 

14 C.F.R. 45.23(b) 

14 CFR 61.113 (a) & (b) 
14 C.F.R. 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 C.F.R. 91.103 

14 C.F.R. 91.109 

14 C.F. R. 91.119 

14 C.F.R. 91.121 

14 CFR 91.151 (a) 

14 CFR 91.203 (a) & (b) 

14 CFR 91.405 (a) 

14 CFR 407 (a) (1) 

14 CFR 409 (a) (2) 

14 CFR 417 (a) & (b) 

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a) through (c) 

of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned 

aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking 

required under Section 332 of the Reform Act. In making this determination, the Secretary is required to 

determine which types of UASs do not create a hazard to users of the NAS or the public or pose a threat to 

national security in light of the following: 

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

• Operation of the sUAS in close proximity to airports and populated areas;

and

• Operation of the sUAS within visual line of sight of the operator.

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).

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

exemptions 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.

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). 

Luck Stone'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.” 

Reform Act Section 333 (b). Given the small size of the sUASs involved and the restricted sterile environment

within which they will operate, the applicant falls squarely within that zone of safety (an equivalent level of 

safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs 

to commence immediately. Also due to the size of the sUASs and the restricted areas in which the relevant 

sUASs 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, reduction in environmental impacts, including reduced emissions associated with allowing 

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

requests that the FAA grant the requested exemption without delay. 
AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The applicant will operate the following aircraft : 

1. DJI Inspire 1

2. DJI Phantom 2

3. DJI Phantom 3

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

and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even 

higher level of safety to operations under the current regulatory structure because the proposed operations 

represent a safety enhancement to the already safe operations conducted with conventional aircraft. These 

limitations and conditions to which Luck Stone Corporation. agrees to be bound when conducting commercial 

operations under an FAA issued exemption include: 

• The sUAS will weigh less than 55 lbs.

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

• Maximum total flight time for each operational flight will be 20 minutes. Flights will be terminated at

25% battery power reserve should that occur prior to the 30 minute limit. 

4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet above

an elevated platform from which observation/filming is planned. 

5. Minimum crew for each operation will consist of the UAS Pilot, the Visual Observer, and/or the

Camera Operator. 

• The UAS will only operate within a confined “Sterile Area” of the flight operations area.

• A briefing will be conducted in regard to the planned sUAS operations prior to each day’s activities. It

will be mandatory that all personnel who will be performing duties within the boundaries of the safety perimeter 

be present for this briefing. 

• 10. The operator will obtain the consent of all persons involved and ensure that only consenting persons

will be allowed within 100 feet of the flight operation, and this radius may be reduced to 30 feet based

upon an equivalent level of safety determination.

• 11. Pilot and observer will have been trained in operation of UAS generally and received up-to-date

information on the particular UAS to be operated.

• Observer and pilot will at all times are able to communicate by voice and/or text.

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

• All required permissions and permits will be obtained from territorial, state, county or city

jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. 

• If the UAS loses communications or loses its GPS signal, the UAS will have capability to return to a predetermined (Home) location within the Security Perimeter and land.

• The UAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) 

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

airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area 

associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the 

requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal 

Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt 

aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, 

operational capability, and proximity to airports and populated areas of the particular UAS. In all cases, an 
analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the 

restricted environment and under the conditions proposed will be at least as safe, or safer, than a

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

and conditions proposed. 

The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, 

carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area as set 

out in the Manual. Unlike other civil aircraft, operations under this exemption will be tightly controlled and 

monitored by both the operator, pursuant to the Manual’s requirements, and under the requirements and in

compliance with local public safety requirements, to provide security for the area of operation as is now done 

with conventional filming. The FAA will have advance notice of all operations. These safety enhancements, 

which already apply to civil aircraft operated in connection with motion picture and television production, 

provide a greater degree of safety to the public and property owners than conventional operations conducted 

with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same 

criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, 

speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to 

carry a substantial external load.

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

The regulation requires: When marks include only the Roman capital 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 letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light-sport," 

"experimental," or "provisional," as applicable.

Even though the 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” can be placed. Given the 

size of the UAV, two-inch lettering will be impossible. 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 sUAV 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.

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

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

will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory 

standard will exist for determining airworthiness. Given the size of the aircraft 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.

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 

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 aircraft performance data before initiation of flight. 

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

Section 91.103 provides that 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. 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 Exemption 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 

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, except for the limited conditions stated in the Manual, the UAS will never operate at higher than 

400 AGL. It will however be operated in a restricted area with security perimeter, where buildings and people 

will not be exposed to operations without their pre-obtained consent. The equivalent level of safety will be 

achieved given the size, weight, and speed of the UAS as well as the location where it is operated. No flight 

will be taken without the required permission of the property owner or local officials. Because of the advance 

notice to the property owner and participants in the aerial activity, all affected individuals will be aware of the 

planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting 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 small-UAS 

operations and the operations of conventional aircraft that must comply with Section 91.119. 

14 C.F.R. §91.121 Altimeter Settings 

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

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

before departure.” As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an 

exemption may be needed. 

An equivalent level of safety will be achieved by the operator, pursuant to the 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 

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 20 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 Exemptions 2689F, 5745, 10673, and 10808. 

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration 

The regulation provides in pertinent part: 

(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. . . .(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 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, 9797, 9797A, 9816A, and 10700. 

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

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

subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this 

section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or 

maintain the aircraft incompliance with Part 43. Given that these section 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 sUAS, 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. All flights will occur on our private mining property. 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.

Trevor Blanning

Luck Stone Corporation