AFS-15-153-E 

March 20, 2015 

 Exemption No. 11217 

 Regulatory Docket No. FAA−2014−0954 

Mr. William V. O’Connor 

Counsel for Notus Access Group 

Morrison & Foerster LLP 

12531 High Bluff Drive, Suite 100 

San Diego, CA 92130 

Dear Mr. O’Conner: 

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends. 

The Basis for Our Decision 

By letter dated November 12, 2014, you petitioned the Federal Aviation Administration 

(FAA) on behalf of Notus Access Group (NAG) for an exemption from part 21 subpart H, 

part 27, §§ 45.23(b), 45.27(a), 61.113, 91.7(a), 91.9(b)(2) and (c), 91.103, 91.109(a), 

91.119(c), 91.121, 91.151(a) and (b), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), 

and 91.417(a) and (b) of Title 14, Code of Federal Regulations (14 CFR). The exemption 

would allow the petitioner to operate the InstantEye Mk–2 unmanned aircraft system (UAS) 

to conduct aerial inspections of wind turbine blades and towers. 

The FAA has determined that good cause exists for not publishing a summary of the petition 

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 NAG. 

Airworthiness Certification 
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The UAS proposed by the petitioner is an InstantEye Mk–2 rotorcraft in a quad-copter 

configuration with four propellers and four electric motors, measuring 10 inches wide, and 

with a total weight of approximately 1 pound. 

Regarding the petitioner’s requested relief from 14 CFR part 21 Certification procedures for 

products and parts and part 27 Airworthiness Standards, the FAA finds that, based on the 

limited size, weight, operating conditions, and the imposed conditions and limitations, the 

petitioner has demonstrated that its operations would not adversely affect safety compared to 

similar operations conducted with aircraft that have been issued an airworthiness certificate 

under 14 CFR part 21, subpart H. 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 has determined that this aircraft meets the conditions of Section 

333. 

The Basis for Our Decision 

You have requested to use a UAS for aerial photography and inspection. The FAA has issued 

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

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

FAA-2014-0352), 11153 to Burnz Eye View, Inc. (see Docket No. FAA−2014−0519), 11157 

to Slugwear, Inc. dba Likeonatree Aerial (see Docket No. FAA−2014−0534), 11175 to State 

Farm Mutual Automobile Insurance Company (see Docket No. FAA−2014−0846) and 11171 

to Asymmetric Technologies, LLC (see Docket No. FAA-2014-0816), 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. 

Having reviewed your reasons for requesting an exemption, I find that— 

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

Exemption Nos. 11062, 11153, 11157, 11171, and 11175; 

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11153, 11157, 11171, 

and 11175 also apply to the situation you present; and 

 A grant of exemption is in the public interest. 

Our Decision 

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

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

delegated to me by the Administrator, Notus Access Group is granted an exemption from 

§§ 61.113(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 (b) to the extent necessary to allow the petitioner to operate a UAS 
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for the purpose of aerial inspections of wind turbine blades and towers. This exemption is 

subject to the conditions and limitations listed below. 

Conditions and Limitations 

Relative to this grant of exemption, Notus Access Group is hereafter referred to as the 

operator. 

The petition and the following supporting documentation are hereinafter referred to as the 

operating documents: 

1. Notus Access Group Flight Operations Area 

2. Notus Access Group Operations, Inspection, and Maintenance Manual 

3. InstantEye Mk-2 Training Manual 

4. InstantEye Mk-2 Gen3 sUAS Operator Training Guide 

5. InstantEye Mk-2 Gen3 sUAS Specifications 

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 grant of exemption are limited to the following aircraft 

described in the operating documents, which is a quad-rotor aircraft weighing less 

than 2 pounds: InstantEye Mk2 Unmanned Aircraft System. Proposed operations of 

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

2. UAS operations under this exemption are limited to conducting operations for the 

purpose of performing aerial inspections of wind turbine blades and towers used in 

the renewable energy industry. 

3. The UA may not be flown at a groundspeed in excess of 22 knots (25 mph). 

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

(AGL), as indicated by the procedures specified in the operating documents. All 

altitudes reported to ATC must be 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. 
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6. All operations must utilize a visual observer (VO). 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 functions prescribed in the 

operating documents. 

 

7. The VO must not perform any other duties beyond assisting the PIC with seeing and 

avoiding other air traffic and other ground based obstacles/obstructions and is not 

permitted to operate the camera or other instruments. 

8. The operating documents and this grant of exemption must be accessible during UAS 

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

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

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

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

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

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

present updated and revised documents to the Administrator 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 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. 

9. Prior to each flight the PIC must inspect the UAS to ensure it is in a condition for 

safe flight. 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. The 

Ground Control Station must be included in the preflight inspection. All maintenance 

and alterations must be properly documented in the aircraft records. 

10. 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. The PIC who conducts the functional test flight 

must make an entry in the aircraft records. 
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11. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable 

components, items, or equipment, not already covered in the relevant sections of the 

operating documents. 

12. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements. 

13. The operator must carry out its maintenance, inspections, and record keeping 

requirements, in accordance with the operating documents. Maintenance, inspection, 

alterations, and status of replacement/overhaul component parts must be noted in the 

aircraft records, including total time in service, description of work accomplished, 

and the signature of the authorized person returning the UAS to service. 

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

Bulletins. 

15. The authorized person must make an entry in the aircraft record of the corrective 

action taken against discrepancies discovered between inspections. 

16. The PIC must possess at least a private pilot certificate and at least a current thirdclass medical certificate. 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. 

 

17. The operator may not permit any PIC to operate unless the PIC meets the operator’s 

qualification criteria and 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 must be 

logged in a manner consistent with 14 CFR § 61.51(b). The VO is also required to 

complete the operator’s training requirements. A record of training must be 

documented and made available upon request by the Administrator. Flights for the 

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

experience-building), 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 
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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. 

18. 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. 

19. The UA may not operate within 5 nautical miles of an airport reference point as 

denoted on a current FAA-published aeronautical chart unless a letter of agreement 

with that airport’s management is obtained, and the operation is conducted in 

accordance with a Notice to Airmen (NOTAM), as required by the operator’s 

Certificate of Waiver or Authorization (COA). The letter of agreement with the 

airport management must be made available to the Administrator upon request. 

20. 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. 

21. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in 

accordance with the operating documents. 

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

accordance with the operating documents. 

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

weather conditions) there is enough power to fly at normal cruising speed to the 

intended landing point and land the UA with 20% battery power remaining. 

24. The operator must obtain an Air Traffic Organization (ATO) issued COA prior to 

conducting any operations under this grant of exemption. This COA will require the 

operator to request a NOTAM not more than 72 hours in advance, but not less than 

48 hours prior to the operation. All operations shall be conducted in accordance with 

airspace requirements in the ATO issued COA including class of airspace, altitude 

level and potential transponder requirements. 

25. 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-
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Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be 

as large as practicable. 

26. Before conducting operations, the radio frequency spectrum used for operation and 

control of the UA must comply with the Federal Communications Commission 

(FCC) or other appropriate government oversight agency requirements. 

27. The 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 UAS is operating. These 

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

official upon request. 

28. The UA must remain clear and yield the right of way to all other aviation operations 

and activities at all times. 

 

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

30. The UA may not be operated over congested or densely populated areas. 

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

persons (persons other than the PIC, VO, operator trainees or essential 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 and/or; 

b. The aircraft is operated near vessels, vehicles or structures where the 

owner/controller of such vessels, vehicles or structures has granted permission 

and the PIC has made a safety assessment of the risk of operating closer to 

those objects and determined that it does not present an undue hazard, and; 

c. Operations nearer to the PIC, VO, operator trainees or essential persons do not 

present an undue hazard to those persons per § 91.119(a). 
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32. 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. 

33. 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. 

 

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

Sincerely, 

/s/ 

John S. Duncan 

Director, Flight Standards Service