1 Page – Pictaio, Inc Exemption Request

February 20, 2016

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Exemption Request under Section 333 of the FAA Modernization and Reform Act

of 2012 and 14 C.F.R. Part 11

Dear Sir or Madam:

Pictaio, Inc requests exemptions from several provisions of the Federal

Aviation Regulations (FAR) in accordance with Section 333 of the FAA Modernization

and Reform Act of 2012. Pictaio is located at 7338 West Blackjack Road. Hanover, IL 61041

Pictaio seeks exemptions in order to commercially operate the TBM RF70, DJI S1000, 3DR Solo, 

DJI Inspire 1, DJI Phantom 3, Gryphon Dynamics GD-12 (Dodeca), Gryphon Dynamics GD-8 

(Octo), Gryphon Dynamics GD-6 (Hexa), Gryphon Dynamics GD-X8 (Coaxial), Gryphon Dynamics 

GD-Y6 (TRI-Coaxial), Kespry drone, DrneXfold Spy, SteadiDrone Vader, Xfold Travel, Xfold 

Cinema, Xfold Dragon, unmanned aircraft systems (UAS) in a sterile environment clear of 

people and objects for the purposes of training, R&D, demonstrations and gathering aerial 

imagery.

Pilots in Command hold a minimum of a FAA issued sport private pilot certificate, driver’s 

license or third class medical certificate, and have passed a rigorous internal training and 

certification program administered by Pictaio senior staff. Operators are trained on the any or 

all of the stated equipment and are type rated. Operators follow the OEM training guidelines, 

manufacturer pilot operating handbooks, FAA regulations pursuant to Section 333 of the 

reform act, and syllabus provided by the manufacturers TBM, DJI, 3DR, Kespry, Gryphon 

Dynamics, SteadiDrone, Xfold and Pictaio.

Pictaio is a leading company in Lidar equipment and services. It proposes to use small, 

lightweight UAS under 55 lbs. for training, R&D, demonstrations and gathering aerial imagery. 

The stated sUAS are electric powered sUAS, equipped with one to twelve motors weighing no 

more than 55 pounds.

This exemption will permit Pictaio to safely operate UASs under controlled conditions and in 

sterile environments for the purpose of training, R&D, demonstrations and gathering aerial 

imagery. Approval of this exemption will enhance overall 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" Consistent with Section 

333(c) of the Reform Act.
2 Page – Pictaio, Inc Exemption Request

The name and address of the petitioner is:

Pictaio

Attn: Chris Lord

Phone: 815-541-0683

Email: chris@pictaio.com

Address: 7338 West Blackjack Rd. Hanover, IL 61041

The petitioner requests relief from 14 CFR part 21, Certification procedures for products and 

parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria provided 

in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in consideration of 

the size, weight, speed, and limited operating area associated with the aircraft and its operation, 

the Secretary of Transportation should determine that this aircraft meets the conditions of 

Section 333. Therefore, the FAA should find that the requested relief from 14 CFR part 21, 

Certification procedures for products and parts, Subpart H—Airworthiness Certificates, and any 

associated noise certification and testing requirements of part 36, is not necessary.

The Basis for Decision

 Pictaio has requested to use a UAS for aerial data collection. The FAA has issued grants 

of exemption in circumstances similar in all material respects to those presented in our 

petition. In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. 

FAA−2014−0352), 11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to 

VDOS Global, LLC (see Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. 

(see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved 

using an unmanned aircraft (UA) with the specifications described by the petitioner and 

carrying no passengers or crew, rather than a manned aircraft of significantly greater 

proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to 

find that the UAS operation enabled by this exemption is in the public interest.

The reasons for requesting an exemption are that:

 They are similar in all material respects to relief previously requested in Grant of

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and

11213 also apply to the situation we present; and

 A grant of exemption is in the public interest.

Our Recommendation for a Decision

 In consideration of the foregoing, we feel that a grant of exemption is in the public 

interest.

 We request, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701,

delegated to you by the Administrator that Pictaio be granted an exemption from 14 CFR 

§§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c),

91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and 
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(b), to the extent necessary to allow Pictaio to operate a UAS to perform aerial data 

collection, R&D and training.

 This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this request for grant of exemption, Pictaio is hereafter referred to as the operator. Failure to 

comply with any of the conditions and limitations of this grant of exemption will be grounds for 

the immediate suspension or rescission of this exemption.

1. Operations authorized by this request for grant of exemption are limited to the TBM RF70, 

3DR Solo, DJI S1000, DJI Inspire 1, DJI Phantom 3, Gryphon Dynamics GD-12 (Dodeca), 

Gryphon Dynamics GD-8 (Octo), Gryphon Dynamics GD-6 (Hexa), Gryphon Dynamics GDX8 (Coaxial), Gryphon Dynamics GD-Y6 (TRI-Coaxial), Kespry drone, SteadiDrone Vader, 

Xfold Spy, Xfold Travel, Xfold Cinema, Xfold Dragon small unmanned aircraft systems. 

All mentioned sUAS weigh less than 55 pounds including payload. Proposed operations

of any other aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are not 

permitted.

3. The UA will 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.

4. 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.

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

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

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

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the 

visual line of sight (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.

7. This exemption request and all documents needed to operate the UAS and conduct its

operations in accordance with the conditions and limitations stated in this request 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 
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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 of exemption. The FAA’s UAS Integration Office (AFS−80) may be contacted if 

questions arise regarding updates or revisions to the operating documents.

8. 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.

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

a condition for safe operation.

10. 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.

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

inspection, and life limit requirements for the aircraft and aircraft components.

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

bulletins.

13. Under this grant of 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.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability 

to safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption, including evasive and emergency maneuvers and maintaining 

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

flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). 

Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, 

and experience-building) and determining the PIC’s ability to safely operate the UAS in a 

manner consistent with how the UAS will be operated under this exemption are permitted 

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

during dedicated training sessions. During training, proficiency, and experience-building 

flights, all persons not essential for flight operations are considered nonparticipants, and 

the PIC must operate the UA with appropriate distance from nonparticipants in 

accordance with 14 CFR § 91.119.
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15. 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.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted 

with an ARP, the center of the airport symbol as denoted on the current FAA-published 

aeronautical chart, unless a letter of agreement with that airport’s management is 

obtained or otherwise permitted by a COA issued to the exemption holder. The letter of 

agreement with the airport management must be made available to the Administrator or 

any law enforcement official upon request.

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. If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within the private or controlled-access property.

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

20. 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 five minutes or with the reserve power 

recommended by the manufacturer if greater.

21. 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 attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial

number, registered in accordance with 14 CFR part 47, and have identification

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be 

as large as practicable.

23. 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.

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

at all times.

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

26. All Flight operations must be conducted at least 500 feet from all nonparticipating

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons

from the UA and/or debris in the event of an accident. The operator must ensure

that nonparticipating persons remain under such protection. If a situation arises

where nonparticipating persons leave such protection and are within 500 feet of

the UA, flight operations must cease immediately in a manner ensuring the safety

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission

for operating closer to those objects and the PIC has made a safety assessment of
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the risk of operating closer to those objects and determined that it does not present 

an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating 

persons under this exemption.

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

permission from the property owner/controller or authorized representative. Permission 

from property owner/controller or authorized representative will be obtained for each 

flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical

boundaries of the operational area as defined by the applicable COA must be reported to 

the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be

reported to the National Transportation Safety Board (NTSB) per instructions contained 

on the NTSB Web site: www.ntsb.gov.

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.