Ironclad Construction and Holding Company’s Petition Seeking Exemption from Various 

Aviation Regulations for Purposes of Operating Unmanned Aircraft Systems

Docket:______________

Petitioner

Ironclad Construction and Holding Company, LLC

3707 Delachaise Street

New Orleans, LA 70125

Consultant for Petitioner

Paul Pritchett

Unmanned System Services, LLC

3707 Delachaise Street

New Orleans, LA 70125

(504) 249-8870

paul.pritchett1@yahoo.com
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Summary

Ironclad Construction and Holding Company, LLC (hereinafter “petitioner”) seeks exemption from the 

requirements found in 14 C.F.R. §§ 45.25(b)(2), 45.23(b), 45.27(a), 91.9(b)(2), 61.113(a), 61.113(b), 

91.7(a), 91.203(a)(1), 91.203(b), 91.121(a)(1)(iii), 91.151, 91.405(a), 91.407(a)(1), 91.409(a)(2), 

91.417(a), 91.417(b), 91.103(b)(1), 91.109(a), 91.119(c), 91.105. These exemptions will allow petitioner 

to operate an unmanned aircraft system (UAS) for commercial purposes within the National Airspace 

System (NAS). The petitioner intends to utilize a UAS for the purposes of aerial data collection,

landscape and infrastructure inspections, patrolling and monitoring, application of pesticides, fertilizers, 

paint, or similar substances, infrastructure maintenance, closed-set motion picture and television 

filming, UAS training, and research and development. In order to facilitate the agency’s review specific 

reference to previously granted exemptions that are similar or identical to the petitioner’s requests have 

been made where applicable. Because the exemptions requested herein are substantially similar to 

those granted previously the petitioner requests an expedited review process. 

UAS Makes and Models

The petitioner requests exemptions to commercially operate the following small unmanned aerial 

vehicle(s) (sUAV) makes and models in the NAS:

sUAV Make and Model Prior Exemptions Granted

DJI Phantom 3 Professional Exemptions: 11944, 13022

The operation manual for each sUAV listed is included by reference in this petition. These manuals will 

be incorporated into petitioner’s UAS Operations Manual which is submitted separately as confidential 

material.

Basis for Petition

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

11.61(b), petitioner seeks exemption from the requirements found in 14 C.F.R. §§ 45.25(b)(2), 45.23(b), 

45.27(a), 91.9(b)(2), 61.113(a), 61.113(b), 91.7(a), 91.203(a)(1), 91.203(b), 91.121(a)(1)(iii), 91.151, 

91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a), 91.417(b), 91.103(b)(1), 91.109(a), 91.119(c), 91.105. 

The operations described within this petition qualify for expedited approval under Section 333 of the 

Reform Act as they satisfy the statutory criteria and FAA guidelines. The proposed operations would 

permit the use of sUAVs under controlled conditions in airspace that: (1) is limited; (2) is predetermined; 

(3) does not present risk to the public; and (4) would provide an increased level of safety beyond that 

existing when manned aircraft are used to accomplish the same objective. In order to comply with 

these four objectives the petitioner intends to implement and agrees to be bound by the following 

restrictions and procedures when conducting commercial operations under an FAA issued exemption:
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1. sUAVs, including payload, will weigh less than 55 pounds.

2. sUAVs will be operated at altitudes no greater than 400 feet above ground level (AGL) as 

measured from the surface of the earth in the immediate area. Altitudes will not be measured 

from any platform or structures elevated above the natural surface of the earth.

3. Altitudes will be reported to air traffic control (ATC) in feet AGL when reporting is required.

4. sUAVs will be flown at ground speeds not to exceed manufacturer’s recommendations and 

never to exceed 87 knots (100 miles per hour).

5. sUAV flights will be conducted within visibility and cloud clearance requirements equivalent to 

the visual flight rules (VFR).

6. sUAV flights will not be conducted at night as defined in 14 C.F.R. §1.1.

7. Petitioner will not operate a sUAV under this exemption within 5 nautical miles (NM) of an 

airport having an operational control tower, within 3 NM of an airport with a published 

instrument flight procedure but without an operational control tower, within 2 NM of an airport 

without a published instrument flight procedure or operational control tower, or within 2 NM of 

a heliport with a published instrument flight procedure. If operations in these airspaces are 

required the relevant controlling agency will be notified no less than 24 hours prior to such 

operations and, if required, permission from the agency will be obtained prior to conducting the 

operations. 

8. Flights will be operated in Class G airspace whenever possible. If operations in airspace other 

than Class G airspace are required the relevant controlling agency will be notified no less than 

24 hours prior to such operations and, if required, permission from the agency will be obtained 

prior to conducting the operations. 

9. UAS flights over land will not be operated from any moving vehicle or contrivance. UAS flights 

conducted over water may be operated from a moving waterborne vessel.

10. sUAVs will be operated within the visual line of sight (VLOS) of the Pilot in Command (PIC) at all 

times. When a flight is to be conducted in an area having obstacles preventing the PIC from 

maintaining VLOS on the sUAV the sUAV may leave the PIC’s VLOS as long as it is within the 

VLOS of one or more visual observers (VOs) who are assisting the PIC. However, a VO will not be 

used to extend the range of an operation beyond the maximum VLOS a PIC would be capable of. 

A PIC will not use any device other than prescription corrective lenses to extend the VLOS 

distance. 

11. If a VO is utilized, the VO and the PIC must be able to communicate verbally for the duration of 

the flight. Verbal communication can be aided by electronic or other means, but in no cases will 

non-verbal methods, such as texting, be utilized. A VO will perform no duties other than 

assisting the PIC in detecting and avoiding other aircraft, obstacles, people, or property.

12. The PIC will operate only one sUAV at any given time. A VO may perform duties for only one PIC 

at any given time.

13. The sUAV will always remain clear of, and yield the right of way to all manned users of the NAS. 

14. Flights conducted over federal or state managed lands will be coordinated with the agency 

charged with administering those lands.

15. Flights will be operated no closer than 500 feet to persons not involved in UAS flight or filming 

operations. This distance may be reduced to 200 feet if a non-participating person provides 
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prior consent and safety would not be adversely affected. These restrictions do not apply if the

non-participating people are located inside of a structure or barrier that will completely shield 

them from injury in the event of an accident.

16. All components of the UAS will be inspected by the PIC for correct and safe function prior to 

commencing each flight. These components may vary by flight and include, but are not limited 

to: the sUAV, Ground Control Stations (GCS), autopilot systems, and systems for communicating 

with VOs. Any conditions that an inspection reveals as unsafe will be corrected prior to initiating 

flight. 

17. In the event that the PIC loses the ability to communicate with the sUAV, or the sUAV is 

navigating via GPS signal and loses the signal, the sUAV will land immediately or return to and 

land in a predetermined position within the boundaries established for the flight.

18. The PIC will not commence flight operations unless the UAS can complete the proposed flight 

with enough power to sustain flight for at least 5 additional minutes. 

19. Should any unpredicted obstacles, adverse weather, or any other unanticipated conditions arise 

that necessitate a reevaluation of the UAS operation, the PIC will cease operations until such a 

reevaluation can be performed.

PIC & VO Qualifications & Training

20. The PIC of the UAS will hold an airline transport, commercial, private, recreational, or sport pilot 

certificate. The PIC will also hold either a current FAA airman medical certificate or a valid 

driver’s license issued by a U.S. state, territory, possession, or the federal government.

21. The PIC will meet the recent flight experience requirements laid out in 14 C.F.R. §61.57 by 

completing three or more takeoffs and landings with the same make and model sUAV within 90 

days preceding a commercial flight and will meet the flight review requirements stated in 14 

C.F.R. §61.56 for any aircraft for which the PIC is rated. 

22. The PIC will complete a sUAV training program designed and administered by the petitioner. 

This training program is detailed in petitioner’s UAS Operations Manual. All training completed 

under the petitioner’s training program will be logged in a manner consistent with 14 C.F.R. 

§61.51. 

23. In addition to the flight review requirements stated in 14 C.F.R. §61.56, the PIC will complete the 

petitioner’s flight proficiency test at the same frequency required by 14 C.F.R. §61.56 for each 

sUAV which the PIC will operate under this exemption. These flight proficiency tests will be 

logged in a manner consistent with 14 C.F.R. §61.51. This test is detailed in petitioner’s UAS 

Operations Manual.

24. A VO will complete a VO training program implemented and administered by the petitioner. 

This training program is detailed in petitioner’s UAS Operations Manual. All training completed 

under the petitioner’s training program will be logged in a manner consistent with 14 C.F.R. 

§61.51.
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Other Regulations

25. Documents required by 14 C.F.R. §91.9 and 14 C.F.R. §91.203 will be available to the PIC at the 

GCS of the UAS whenever the aircraft is in operation. These documents will be made available 

to the Administrator or any law enforcement official upon request.

26. Prior to commencing flight operations the radio frequency spectrum used for operation and 

control of the sUAV will comply with Federal Communication Commission (FCC) and other 

appropriate requirements.

27. All aircraft operated under this exemption will be registered in accordance with 14 C.F.R. part 

47, and have identification markings (N-Number) in accordance with 14 C.F.R. part 45, subpart 

C. These markings will be as large as practicable.

Logs/maintenance

28. Maintenance and inspection will be performed according to requirements and suggestions 

contained within the UAS manufacturer’s operating manuals and other literature. Should the 

manufacturer fail to specify procedures or timetables for maintenance and inspection the 

petitioner will formulate these requirements so as to conform to industry customs.

29. A Flight and Maintenance Log (FML) documenting all flights, maintenance activities, inspections, 

repairs, and alterations will be maintained for each UAS.

30. A functional flight test will be conducted after any maintenance or alterations to the UAS by a 

PIC. The PIC conducting these tests will enter them into the FML.

31. Any maintenance, repairs, or alterations that materially change the operation or flight 

characteristics of a UAS will be reviewed prior to implementation to ensure that the system will 

continue to comply with this exemption. Petitioner’s UAS Operations Manual will be updated to 

reflect these modifications. If a modification will cause a UAS to become non-compliant with 

this exemption an amendment to the exemption will be requested from the FAA prior to 

commercially operating the UAS in that configuration.

Specific Exemptions Sought by Petitioner

Pursuant to Section 333 of the Reform Act, petitioner seeks exemption from the requirements found in 

14 C.F.R. §§ 45.25(b)(2), 45.23(b), 45.27(a), 91.9(b)(2), 61.113(a), 61.113(b), 91.7(a), 91.203(a)(1), 

91.203(b), 91.121(a)(1)(iii), 91.151, 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a), 91.417(b), 

91.103(b)(1), 91.109(a), 91.119(c), 91.105.

1. 14 C.F.R. §§45.25(b)(2), 45.23(b), and 45.27(a) – Location of Aircraft Markings

Section 45.25(b)(2) provides (emphasis added): 

(b)(2) The marks required by paragraph (a) of this section must be displayed as follows: If displayed 

on the fuselage surfaces, horizontally on both sides of the fuselage between the trailing edge of the 

wing and the leading edge of the horizontal stabilizer.
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Section 45.23(b) provides (emphasis added):

(b) 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.

Section 45.27(a) provides (emphasis added):

(a) Rotorcraft. Each operator of a rotorcraft must display on that rotorcraft horizontally on both 

surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23.

To the extent that Sections 45.25(b)(2), 45.23(b), and 45.27(a) may be deemed to apply to any sUAV 

described in this petition, the petitioner seeks an exemption because the sUAV is of insufficient size and 

configuration to accommodate such markings. There will not be enough distance between the trailing 

edge of the wing and the leading edge of the horizontal stabilizer on the small fixed-wing aircraft

described in this petition to confine a marking that is “as large as practicable,” as detailed in Section

45.29(f). The described fixed wing sUAV also has no cabin, cockpit, or pilot station near which to place 

the markings described in Section 45.23(b), nor is the aircraft large enough to accommodate lettering 

that is two inches or larger. Finally, any rotorcraft sUAVs described in this petition are of insufficient 

size to meet the marking requirements in Section 45.27(a). A level of safety equivalent to that required 

by these regulations can be obtained by marking the sUAV with lettering that is as large as practicable 

on the largest surface available so as to permit the markings to be displayed while the aircraft is on the 

ground and airborne. The FAA has issued a number of similar exemptions. See Exemption Nos. 8738, 

10700, and 11578.

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

Section 91.9(b)(2) provides (emphasis added):

(b) No person may operate a U.S.-registered civil aircraft -- 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 petitioner seeks an exemption from Section 91.9(b)(2) because the aircraft described in this 

application are not large enough to place a flight manual onboard. A level of safety equivalent to that 

required by this regulation can be obtained by keeping the flight manual at the GCS where the PIC will 

have immediate access to it. The FAA has issued a number of similar exemptions. See Exemption Nos.

8738, 9565, and 10700.
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3. 14 C.F.R. §§61.113(a) and (b) – Private Pilot Privileges and Limitations

Sections 61.113(a) and (b) provide (emphasis added):

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

pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for 

compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an 

aircraft.

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

connection with any business or employment if:

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

When read together Sections 61.113(a) and (b) prohibit a private pilot from conducting commercial 

operations. The petitioner seeks an exemption from these sections because the commercial operations 

that petitioner is proposing will not carry a pilot, passengers, or property (other than cameras or other 

small sensory equipment). Because of the small size, weight, speed, and proposed operating 

environment the risks that Part 61 seeks to limit are not present in the aircraft or operations described 

in this petition. As such, a level of safety equivalent to that required by this regulation can be obtained 

by requiring that a UAS PIC operate the UAS in accordance with the limitations provided herein while 

holding an airline transport, commercial, private, recreational, or sport pilot certificate. The FAA has 

issued a number of similar exemptions. See Exemption Nos. 11062, 11160, 11284, and 11578.

4. 14 C.F.R. §§91.7(a), 91.203(a)(1) and (b) – Civil Aircraft Airworthiness

Section 91.7(a) provides:

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

Section 91.203(a)(1) provides (emphasis added):

(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. . . . 

Section 91.203(b) provides:

(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.
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The petitioner seeks an exemption from these sections because there is no FAA standard by which such 

a determination of airworthiness can be made. Because no determination of airworthiness can be made 

no airworthy certificates can be obtained or displayed. A level of safety equivalent to that required by 

these regulations can be obtained by complying with UAS operator and maintenance manuals, flight 

safety checklists, and the limitations outlined in this petition. 

5. 14 C.F.R. §91.121(a)(1)(iii) – Altimeter Settings

Section 91.121(a)(1)(iii) provides:

(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—

(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.

Section 91.121(a)(1)(iii) requires persons operating an aircraft to maintain altitude by reference to an 

altimeter set to the elevation of the departure airport. Conventional aircraft are provided altitude data 

by a barometric altimeter set to local barometric pressure which causes the altitude to be reported 

relative to mean sea level. The petitioner seeks an exemption from this section because the aircraft 

described herein will be limited to flight elevations of no more than 400 feet AGL. As such, setting the 

onboard altimeter (barometric, laser, gps, etc.) to an elevation of zero when the aircraft is on the ground 

prior to takeoff will cause the altitude to be reported as AGL which will provide more utility to the PIC. A 

level of safety equivalent to that required by this regulation can be obtained by allowing the aircraft’s 

onboard altimeter to be configured to report the altitude as AGL immediately prior to commencing a 

flight. The FAA has issued a number of similar exemptions. See Exemption Nos. 11062, 11063, 11065, 

and 11578.

6. 14 C.F.R. §91.151 – Fuel Requirements for Flight in VFR Conditions

Section 91.151 provides (emphasis added):

(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.
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The aircraft described in this petition are operated in an unmanned configuration and will not begin a 

flight with a person in the aircraft as the regulation contemplates. To the extent that the regulation 

applies to the sUAVs described herein the petitioner seeks an exemption. The regulation is written 

based on the capabilities of manned aircraft which have the ability to maintain flight for several hours. 

The majority of sUAV’s have flight times of an hour or less. As such, the regulation will make it difficult, 

if not impossible for a majority of these aircraft to operate. An equivalent level of safety can be 

obtained by requiring that no flight will be commenced unless the UAS can complete the proposed flight 

with enough remaining power to sustain flight for at least 5 additional minutes. A 5 minute flight time 

buffer would allow even the slowest aircraft described in this petition to cover nearly a mile during the 

buffer period. Given that sUAV will be required to operate within the PIC’s VLOS at all times, the 5 

minute buffer is more than sufficient time for the aircraft to return to the planned landing area from 

anywhere in the operational area. The FAA has issued a number of similar exemptions. See Exemption 

Nos. 8811, 10673, and 10808.

7. 14 C.F.R. §§91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a) and (b) – Maintenance Inspections

Section 91.405(a) provides:

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;

Section 91.407(a)(1) provides:

(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

Section 91.409(a)(2) provides:

(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—

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this 

chapter.

Sections 91.417(a) and (b) provide:

(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 
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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.

Part 43 and these sections apply only to aircraft with airworthiness certificates. Given that sUAVs

described in this petition will not operate with an airworthiness certificate exemption from these 

sections is required. An equivalent level of safety can be obtained by requiring that inspections and 

maintenance be performed in accordance with the manufacturer’s recommendations and the 

procedures outlined in this petition. The FAA has issued a number of similar exemptions. See 

Exemption Nos. 11062, 11063, 11064, 11065.

8. 14 C.F.R. §91.103(b)(1) – Preflight Action

Section 91.103(b)(1) provides (emphasis added):

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

information concerning that flight. This information must include—

(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; 
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Section 91.103(b)(1) requires consultation of an approved flight manual to determine takeoff and 

landing distance data. To the extent that this regulation requires a flight manual be approved by the 

FAA petitioner requests an exemption. Requiring the flight manual for a sUAV to be approved by the 

FAA will be a burdensome and time consuming process to both the petitioner and the FAA. An 

equivalent level of safety can be obtained by requiring that the PIC become familiar with the takeoff and 

landing distances for the sUAV intended to be flown and found in the Petitioner’s UAS Operations

Manual prior to beginning a flight.

9. 14 C.F.R. §91.109(a) – Flight Instruction

Section 91.109(a) provides (emphasis added):

(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 least a private pilot certificate with appropriate 

category and class ratings.

The requirement that an aircraft used for training be equipped with a dual control system or a 

throwover control wheel system is meant to allow control of a manned aircraft to easily be switched 

between an instructor and the trainee. The flight control system for a sUAV consists of a control 

interface that is operated from a ground based location and communicates with and controls the sUAV 

through a radio signal. Given that the controls of the sUAVs described in this petition are not located on 

the aircraft petitioner requests an exemption from the requirement that a sUAV used for training 

purposes be equipped with a dual control system or a throwover control wheel system. The small, 

portable nature of control interfaces used to operate the described sUAVs provides an equivalent level 

of safety because they can easily be handed back and forth between an instructor and a trainee. The 

FAA has issued a number of similar exemptions. See Exemption Nos. 11062, 11065, 11066, 11067A.

10. 14 C.F.R. §91.119(c) – Minimum Safe Altitudes

Section 91.119(c) provides:

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

following altitudes:

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

water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 

feet to any person, vessel, vehicle, or structure.
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The petitioner requests an exemption to section §91.119(c) because commercial sUAV operations have 

thus far been restricted to altitudes below 400 feet. The size, weight, speed, and limitations on 

operation described within this petition will provide an equivalent level of safety. The FAA has issued a 

number of similar exemptions. See Exemption Nos. 11062, 11065, 11066, 11067A.

11. 14 C.F.R. §91.105 – Flight crewmembers at stations

Section 91.105 provides (emphasis added):

(a) During takeoff and landing, and while en route, each required flight crewmember shall—

(1) Be at the crewmember station unless the absence is necessary to perform duties in connection 

with the operation of the aircraft or in connection with physiological needs; and

(2) Keep the safety belt fastened while at the crewmember station.

(b) Each required flight crewmember of a U.S.-registered civil aircraft shall, during takeoff and 

landing, keep his or her shoulder harness fastened while at his or her assigned duty station. This 

paragraph does not apply if—

(1) The seat at the crewmember's station is not equipped with a shoulder harness; or

(2) The crewmember would be unable to perform required duties with the shoulder harness 

fastened.

Section 91.105 generally stipulates that crewmembers aboard an aircraft must take certain actions while 

an aircraft is taking off, landing, or is en route to its destination. Given that the sUAVs described in this 

petition will not have any crewmembers aboard petitioner requests an exemption from the 

requirements placed on crewmembers by section 91.105. An equivalent level of safety to the 

crewmembers will be achieved because they will not be on the aircraft.

Public Interest Benefits for Granting Exemptions

Granting petitioner’s request for exemption would benefit the public in the following ways:

1. The utilization of the sUAVs described in this petition will decrease hazards to the pilot and crew 

compared to traditional manned aerial operations in the event of a malfunction or other 

unforeseen condition in the aircraft because the pilot and crew will be located on the ground 

instead of on the aircraft.

2. The sUAVs for which exemptions are requested are small in size and weight and decrease the 

risk of injury to people on the ground compared to traditional large manned aircraft.

3. Because of their small size and operational limitations sUAVs will cause less environmental 

impact in terms of noise and air pollution. Traditional manned aircraft usually must take off and 

land at locations that are remote from where their services are required. This increased flight 

time, along with the size and weight of the aircraft results in the emission of noise and air 

pollution that is in excess of what would be created by a small, lightweight aircraft that can take 

off and land at the location where it is required. The sUAVs described in this petition can take 
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off and land adjacent to the location where they are required, and they are small and 

lightweight. As such, their use will cause less noise and air pollution than traditional manned 

flight operations.

4. The utilization of the sUAVs described in this petition will provide numerous economic benefits 

to the public. Currently, sUAVs are less expensive to operate than a traditional manned aircraft 

from both a capital and operational standpoint. Additionally, the sUAVs described in this 

petition can be employed in areas that are too small or dangerous for a manned aircraft to 

enter. Because sUAVs can be operated in a more cost effective manner and can be used to 

perform operations that manned aircraft cannot significant economic activity, which is beneficial 

to the public, will likely be generated by granting this petition.

5. The use of sUAVs described in this petition will provide occupational safety benefits. Currently, 

there are many occupations that require people to work at significant elevations above the 

ground. Many of these activities, such as roof or bridge inspection, could be satisfactorily 

performed by the sUAVs in this petition. Utilization of sUAVs to complete these tasks would 

reduce the need to put people in these risky positions. Such a change would be beneficial to the 

public.

6. Lastly, utilizing sUAVs will reduce burdens to the NAS. The sUAVs described herein will not 

require a runway or helipad to take off or land and will not be operated within the proximity of 

any airports. They will also be operated at altitudes of no more than 400 feet AGL. As a result, 

fewer flights will need to be handled by ATC than if a traditional manned aircraft was required 

to be utilized.

Federal Register Publication 

Petitioner requests that a summary of this petition not be published in the Federal Register because the 

requested exemption would not set a precedent, and any delay in acting on this petition would be 

detrimental to the petitioner. Should it be determined that publication is necessary the following 

summary is provided for publication in the Federal Register: 

Petitioner seeks exemption from the requirements found in 14 C.F.R. §§ 45.25(b)(2), 45.23(b), 45.27(a), 

91.9(b)(2), 61.113(a), 61.113(b), 91.7(a), 91.203(a)(1), 91.203(b), 91.121(a)(1)(iii), 91.151, 91.405(a), 

91.407(a)(1), 91.409(a)(2), 91.417(a), 91.417(b), 91.103(b)(1), 91.109(a), 91.119(c), and 91.105. 

Approval of these exemptions will allow petitioner to commercially operate small unmanned aerial 

vehicles in the National Airspace system. Petitioner intends to utilize the small unmanned aerial vehicles

for the purposes of aerial data collection, landscape and infrastructure inspections, patrolling and 

monitoring, application of pesticides, fertilizers, paint, or similar substances, infrastructure maintenance, 

closed-set motion picture and television filming, UAS training, and research and development. Granting 

of the requested exemptions will increase safety, reduce risks to people and property on the ground, 

reduce the need for Air Traffic Control handling, decrease noise and air pollution, and provide economic 

benefits. 

Confidential Documents 
13

This petition references documents that the petitioner considers to contain confidential business 

information and trade secrets. As such, petitioner requests that any documents marked as 

“CONFIDENTIAL TREATMENT REQUESTED” be protected from public disclosure in accordance with 14 

C.F.R. §413.9 and 5 U.S.C. §552(b)(4). These documents include petitioner’s UAS Operations Manual 

and operation manuals for each sUAV and will be submitted under separate cover.

Conclusion 

As set forth above, petitioner seeks exemptions pursuant to 14 C.F.R. § 11.61(b) and Section 333 of the 

FAA Modernization and Reform Act of 2012 in order to commercially operate a DJI Phantom 3 

Professional. By granting this Petition, the FAA will be fulfilling the Congressional mandate of Section 

333 of the FAA Modernization and Reform Act of 2012 to expedite approval of certain unmanned aerial 

systems to operate in the National Airspace System. Accordingly, petitioner respectfully requests that 

the Administrator grant this Petition for exemption from the requirements of 14 C.F.R. §§ 45.25(b)(2), 

45.23(b), 45.27(a), 91.9(b)(2), 61.113(a), 61.113(b), 91.7(a), 91.203(a)(1), 91.203(b),91.121(a)(1)(iii), 

91.151, 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a), 91.417(b), 91.103(b)(1), 91.109(a), 91.119(c), 

and 91.105.

Dated: March 9, 2016 Respectfully submitted,

Unmanned System Services, LLC

/s/ Paul Pritchett

Paul Pritchett

Unmanned System Services, LLC

3707 Delachaise Street

New Orleans, LA 70125

(504) 249-8870

paul.pritchett1@yahoo.com

Consultant for Petitioner