80585.2

PETITION FOR EXEMPTION FROM FEDERAL AVIATION REGULATIONS 

(“FARS”) AND REQUEST FOR APPROVAL TO OPERATE UNMANNED

AIRCRAFT SYSTEMS UNDER SECTION 333 OF THE FAA REFORM ACT

AND PART 11 OF THE FARS

Submitted by: Near Earth Autonomy, Inc.

Dated: July 21, 2015

By Electronic Submission to: www.regulations.gov

By Paper Submission to:

U.S. Department of Transportation

Docket Operations

West building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

Filed by:

Justine M. Kasznica, Esq.

Saul Ewing LLP

One PPG Place

Suite 3010

Pittsburgh, PA 15222

412.209.2537 (office)

412.209.2588 (fax)

jkasznica@saul.com 

Counsel for Near Earth Autonomy, Inc.
80585.2

TABLE OF CONTENTS

I. Summary for Publication in Federal Register..........................................................1

II. Legal Basis for the Requested Exemption under Section 333.................................8

III. Identity and Contact Information of the Petitioner..................................................9

IV. The VAPOR 35/55 sUAS.........................................................................................9

V. The Proposed sUAS Operation..............................................................................12

VI. The VAPOR 35/55 sUAS Equivalent Level of Safety...........................................16

VII. Privacy ...................................................................................................................19

VIII. Public Interest and Safety ......................................................................................19

IX. Exemptions Requested Under Section 333............................................................20

X. Certificate of Authorization or Waiver...................................................................29

XI. Conclusion .............................................................................................................30

ENCLOSURES: 

SCHEDULE 1: Product Brochures for s1, s2, g5

CONFIDENTIAL SUPPLEMENT:

 Exhibit A: VAPOR 35 Aircraft Flight Manual; SURVEY Copter GCS Software User’s Manual

 Exhibit B: 4 Appropriate Project Site Descriptions; Near Earth Operations Manual; Form 2408
1

I. Summary for Publication in Federal Register

Near Earth Autonomy, Inc. (“Near Earth”) develops comprehensive software and sensor 

solutions for manufacturers and users of low-flying aircraft that operate in all-weather 

conditions, and in hostile, unprepared environments. These solutions are designed to meet the 

needs of both micro air vehicles and full-scale aircraft, by offering a customized process that 

leverages automation and pilot aids to ensure safe manned and un-manned flight. Amongst its 

many product and service offerings, Near Earth offers turnkey systems for surveying and 

mapping, as well as survey and mapping sensors and payloads that can be integrated with other 

systems. Near Earth services customers in the construction, agricultural, mining, natural gas, and 

power industries that routinely perform site inspections, surveys, aerial mapping, site monitoring, 

and other similar tasks.

Near Earth seeks to operate small unmanned aircraft systems (“sUAS”) for compensation 

or hire within the National Airspace System (“NAS”) for the purpose of conducting aerial 

demonstrations of its products and services within the NAS. These demonstrations are critical for 

Near Earth sales and marketing campaigns, designed for prospective and existing customers that 

seek to purchase and use Near Earth products and services for the purpose of site surveying, 

mapping, monitoring, and inspecting. Near Earth seeks an exemption to operate Pulse 

Aerospace-manufactured VAPOR 35 and VAPOR 55 unmanned aerial vehicles (“UAVs”) in 

connection with SURVEY Copter Ground Control Station (“GCS”) Software for this purpose.

For the purposes of this Petition, the two versions of the sUAS will be collectively referred to as 

the “VAPOR 35/55 sUAS”. The VAPOR 35/55 sUAS has been developed by Pulse Aerospace, 

Inc., the premier developer of helicopter unmanned aircraft systems (“UAS”) in the United 

States.

The data obtained through the use of the VAPOR 35/55 sUAS will enable Near Earth to 

better understand the market and its customers’ needs and to position itself for sales, and do so in 

a cost-effective, efficient and safe manner. Use of the sUAS is a low-cost solution with low 

environmental impact that allows Near Earth to showcase its products and services, and use the 

data collected to optimize the quality and effectiveness of the products and services offered. 

Through this process, Near Earth seeks to offer tested and proven assistive technologies to its 

customers that will improve the safety and effectiveness of future flight operations.

Near Earth hereby petitions the Federal Aviation Administration (“FAA”) for an

exemption from various FARs and requests approval to operate the VAPOR 35/55 sUAS in the 

NAS pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Act”), 49 

U.S.C.S 44701(f), and Title 14 of the Code of Federal Regulations (“CFR”), Part 11 (14 CFR 

Part 11) (the “Petition”). 

In its Petition, Near Earth requests that an exemption be granted from the following 

regulations:

14 CFR Part 21

14 CFR 43.7

14 CFR 43.11
2

14 CFR 45.11

14 CFR 45.21

14 CFR 45.23(b)

14 CFR 45.29

14 CFR 61.113(a) and (b)

14 CFR 67

14 CFR 91.7(a)

14 CFR 91.9(b)(2)

14 CFR 91.9(c)

14 CFR 91.103(b)

14 CFR 91.109

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151(a)

14 CFR 91.203(a) and (b)

14 CFR 91.405(a)

14 CFR 91.407(a)(1)

14 CFR 91.409(a)(2)

14 CFR 91.417(a) and (b)

In its Petition, Near Earth describes in detail (i) the VAPOR 35/55 sUAS, (ii) the Near 

Earth team that will operate the VAPOR 35/55 sUAS and the members’ respective roles and 

qualifications, (iii) the proposed sUAS operations for which it seeks approval, and (iv) the 

various safety precautions that will be taken prior to and during the operations.

CONFIDENTIAL INFORMATION concerning the VAPOR 35/55 sUAS is attached hereto as 

Exhibit A, and includes the relevant sUAS operating documents and GCS operating documents 

(i.e., the VAPOR 35 Aircraft Flight Manual1and the SURVEY Copter GCS Software User’s

Manual). Additional CONFIDENTIAL INFORMATION concerning the proposed sUAS’s

operations, which includes the descriptions of four (4) Appropriate Project Sites, as well as Near 

Earth’s Operations Manual, which contains training protocols and preflight procedures, 

limitations of operation for controlling air/ground space for demonstrations, and maintenance 

and operations checklists, is attached to this Petition as Exhibit B (collectively, Exhibits A and B 

constitute the “CONFIDENTIAL Supplement”). Near Earth intends to use these materials as part 

of its proposed operations, and requests that this CONFIDENTIAL Supplement not be made 

public. 

All maintenance, alterations, and preventive maintenance of the VAPOR 35/55 sUAS 

performed by Near Earth will be in accordance with the methods, techniques, and practices 

prescribed in the above documents. Furthermore, only the Original Equipment Manufacturer

(“OEM”) or qualified OEM maintainers will perform higher-level inspections and maintenance 

per the operating documents and OEM standards. Moreover, Near Earth will document and 

maintain all maintenance records for the VAPOR 35/55 sUAS.

 

1 The VAPOR 55 is a scaled-up and more capable version of Pulse’s VAPOR 35 sUAS. To date, the VAPOR 55

sUAS does not have a separate Aircraft Flight Manual; rather, it shares the Aircraft Flight Manual developed for 

the VAPOR 35 sUAS. Accordingly, it is the VAPOR 35 Aircraft Flight Manual that is included with this Petition.
2

In support of its exemption request, Near Earth submits that (i) the VAPOR 35/55 sUAS

is both safe and reliable and will satisfy the FAA’s airworthiness assessment, (ii) the Near Earth

Pilot-in-Command (“PIC”) and Visual Observer (“VO”) have the requisite knowledge and 

experience to ensure the safe operation of the proposed sUAS, (iii) the operation procedures and 

parameters to be employed by Near Earth ensure safe sUAS operations in the NAS, and remove 

the threat of harm to people and property, including other manned aircraft, and (iv) Near Earth’s

proposed operations, which include without limitation, the use of the VAPOR 35/55 sUAS to 

conduct aerial demonstrations of Near Earth products and services in secure demonstration sites 

for the benefit of prospective customers from a broad industry spectrum, will be safer than that 

which would be achieved by flying a larger manned aircraft carrying crew and flammable fuel 

for the same purpose. In addition, permitting use of the VAPOR 35/55 sUAS to demonstrate 

Near Earth products and services, and the adoption and use of these products and services by

Near Earth customers, will achieve various economic and environmental benefits, as well as 

significant efficiencies associated with cost, labor, and safety, that serve the public interest. 

A. The VAPOR 35 and VAPOR 55 sUAS

The VAPOR 35 sUAS is an electric unmanned helicopter system developed by Pulse 

Aerospace, Inc. (“Pulse”), the leading manufacturer of helicopter UAS in the United States. The 

VAPOR 55 sUAS is a scaled up and improved version of the VAPOR 35 sUAS and is now in 

production as well. The VAPOR 35/55 sUAS consists of a vertical takeoff and landing (“VTOL”) 

UAV and a transportable GCS. The VAPOR 35/55 sUAS has a maximum takeoff weight, 

including payload capability, of less than 35 pounds and 55 pounds, with payload capability of 

up to 5 and 12 pounds respectively; The VAPOR 35 measures approximately 55 inches in length, 

25 inches in width, and 19 inches in height while the VAPOR 55 measures approximately 75 

inches in length, 27 inches in width, and 23 inches in height; both have a maximum groundspeed 

of approximately 30 knots. The VAPOR 35/55 sUAS is powered by a Lithium Polymer batterypowered electric motor. The VAPOR 35/55 sUAS also includes a precision full-authority 

automatic flight control system.

Near Earth will operate the VAPOR 35/55 sUAS using the Pulse GCS with the SURVEY

Copter GCS Software, developed by SURVEY Copter, which will serve as the communication 

tool between the UAV and the ground, and which is designed for safe and effective mission 

preparation, execution, and real-time monitoring of the execution.

B. The Proposed sUAS Operations

Near Earth will conduct its sUAS operations using the VAPOR 35/55 sUAS in 

compliance with the FAA Notice 8900.227 Sections 12, 13, 14, and 16, issued on July 30, 2013.

The VAPOR 35/55 sUAS will be operated at Near Earth-selected sites by a PIC who will 

be assisted by a ground-based VO at all times during the operation. The VO will have a clear 

visual line-of-sight (“VLOS”) to the UAV, and will be able to communicate verbally with the 

PIC at all times throughout the sUAS operation. The primary Near Earth PIC holds a FAA 

commercial rotary-wing and instrument rating with military rotorcraft experience. Other 

prospective Near Earth PICs have, at minimum, recreational pilot or private pilot licenses, which 
3

have been deemed sufficient by the FAA for sUAS operations in previously-granted petitions, 

provided other qualifications are met. In addition, all Near Earth PICs hold the requisite airman 

medical certificates, and will demonstrate, by meeting minimum flight-hour and currency 

requirements, that the Near Earth PICs are able to safely operate the VAPOR 35/55 sUAS in a 

manner consistent with this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from people, vessels, vehicles, and structures. Both the PIC 

and VO will have significant experience operating a variety of radio-controlled model aircraft, 

including experience operating the VAPOR 35/55 sUAS. 

Additional Near Earth operational restrictions for the VAPOR 35/55 sUAS that ensure 

safe flight include: 

1. The sUAS will not be flown at night and will be operated under visual meteorological 

conditions (“VMC”) or where visibility is at least 3 statute miles from PIC. The use of 

first-person-view (“FPV”) by the PIC or VO is not permitted.

2. Flights will be operated at an altitude of no more than 400 feet Above Ground Level 

(“AGL”), with the majority of flights anticipated to be operated at no more than 200 feet 

AGL.

3. The sUAS will not be flown at an airspeed exceeding 22 knots groundspeed.

4. The sUAS, including any payload, will weigh less than 55 lbs. 

5. 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 sUAS with 25% battery power remaining. 

6. The sUAS will be operated within 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.

7. All operations will utilize a VO. The VO and PIC will be able to communicate verbally at 

all times. Electronic messaging or texting is not permitted during flight operations. The 

PIC will be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC will ensure that the VO can perform the functions 

prescribed in the operating documents.

8. The operating documents and the grant of exemption will be accessible during sUAS 

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

between the conditions and limitations contained in the grant of exemption and the 

procedures outlined in the operating documents, the conditions and limitations contained 

in the grant of exemption take precedence and will be followed. Otherwise, Near Earth 

will follow the procedures as outlined in its operating documents. Near Earth may update 

or revise its operating documents, to the extent permitted by Pulse, the sUAS 

manufacturer. It is Near Earth’s responsibility to track such revisions and present updated 

and revised documents to the Administrator upon request. Near Earth will also present 

updated and revised documents if it petitions for extension or amendment to the grant of 

exemption. If Near Earth determines that any update or revision would affect the basis 

upon which the FAA granted the exemption, then Near Earth will petition for amendment 
4

to the 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. 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 in 

connection with the operations be present for this briefing.

10. Near Earth will file any necessary paperwork in light of the exemptions with the 

appropriate Flight Standards District Office (“FSDO”).

11. Prior to each flight the PIC will inspect the sUAS to ensure it is in a condition for safe 

flight. If the inspection reveals a condition that affects the safe operation of the sUAS, the 

aircraft is prohibited from operating until the necessary maintenance has been performed 

and the sUAS is found to be in a condition for safe flight. The GCS will be included in 

the preflight inspection. All maintenance and alterations will be properly documented in 

the aircraft records.

12. Any sUAS that has undergone maintenance or alterations that affect the sUAS operation 

or flight characteristics, e.g. replacement of a flight-critical component, will undergo a 

functional test flight. The PIC who conducts the functional test flight will make an entry

in the aircraft records.

13. The pre-flight inspection will account for all potential discrepancies, e.g. inoperable 

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

operating documents.

14. Near Earth will follow the sUAS manufacturer’s aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements. 

15. Near Earth will 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 will be noted in the aircraft records, 

including total time in service, description of work accomplished, and the signature of the 

authorized person returning the sUAS to service.

16. Each sUAS operated under this exemption will comply with all applicable Manufacturer 

Safety Bulletins.

17. The authorized person will make an entry in the aircraft record of the corrective action 

taken against discrepancies discovered between inspections.

18. The sUAS will have redundancies and an independent flight termination system (“FTS”) 

that can be activated manually by the PIC to ensure the overall safety and predictability 

of the sUAS.

19. In the event of a loss of communications or signal, the sUAS is programmed to return to 

its home base.

20. The sUAS will have the capability to abort a flight in case of unexpected situations or 

emergencies. 

21. If the helicopter and its controller disconnect during flight, the system’s failsafe autopilot 

system will automatically engage, and the helicopter will return to its home base and land 

automatically, rather than flying off uncontrollably or landing at an unknown location. 
5

22. The sUAS will only be flown (i) in rural areas, away from any urban or congested 

locations, (ii) on secured private property with restricted public access, (iii) in areas 

located more than 5 miles away from any airport, unless FAA-conditions are met and 

relevant approvals or letter of agreements are obtained, (iv) in Class G Airspace, and (v) 

in such locations where the property owner has approved the contemplated sUAS 

operations. 

23. The PIC, VO, and any additional crew members will comply with any additional safety 

regulations and protocols as may be required by each site where the sUAS is flown. 

24. Near Earth will communicate information about specific operations with Air Traffic 

Control (“ATC”) nearest to the flight site.

25. Near Earth will submit a precise description of proposed sUAS operations (Plan of 

Activities) to the local FSDO within 3 days prior to the sUAS operations. 

26. Near Earth will obtain a Certificate of Authorization or Waiver (COA) prior to any 

operations under the grant of exemption, and seeks a “blanket” COA in accordance with 

the interim policy recently announced by the FAA. This COA will also require the 

operator to request a Notice to Airmen (“NOTAM”) not more than 72 hours in advance, 

but not less than 48 hours prior to the operation. 

27. All aircraft operated in accordance with the exemption will be identified by serial 

number, registered in accordance with 14 C.F.R. part 47, and have identification (NNumber) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings will be as 

large as practicable. 

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

control of the sUAS will comply with the Federal Communications Commission (“FCC”) 

or other appropriate government oversight agency requirements.

29. The documents required under 14 C.F.R. 91.9 and 91.203 will be available to the PIC at 

the GCS of the sUAS any time the sUAS is operating. These documents will be made 

available to the Administrator or any law enforcement official upon request. 

30. The sUAS will remain clear and yield the right of way to all manned aviation operations 

and activities at all times. 

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

confirmed, and made available in writing upon request. 

32. 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. 

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

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

the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents will be reported 

to the National Transportation Safety Board (“NTSB”) per instructions contained on the 

NTSB Web site: www.ntsb.gov.
6

C. Relevant Previously-Granted Exemptions

Near Earth bases its Petition, in part, on several relevant Section 333 petitions that were 

granted by the FAA in 2014 and 2015 and makes references to these exemptions throughout. 

These exemptions include the following:

1. Exemption No. 11109 (the “Clayco Exemption”) for sUAS operations used to 

conduct aerial imaging to monitor and ensure the safety of construction sites.

2. Exemption No. 11114 (the “Woolpert Exemption”) for sUAS operations used to 

conduct precision aerial surveys over Ship Island, Mississippi.

3. Exemption No. 11062 (the “Astraeus Exemption”) for sUAS operations used for 

closed set filming for the motion picture industry.

4. Exemption No. 11136 (the “Advanced Aviation Solutions Exemption”) for sUAS 

operations used to conduct aerial surveys to support the agriculture industry.

5. Exemption No. 11138 (the “Trudeau Exemption”) for sUAS operations used to 

conduct real estate and aerial images of Tucson, AZ to use for marketing 

purposes.

6. Exemption Amendment No. 11241A, granted to Phoenix Air UNMANNED, 

LLC, approving the VAPOR 35 and 55 in connection with previously authorized 

operations.

7. Exemption Amendment No. 11238A, granted to the San Diego Gas & Electric 

Company, approving the VAPOR 35 and 55 in connection with previously

authorized operations.

The FAA granted these exemptions with conditions, having found that the petitioners 

presented an adequate showing of airworthiness and safety in their described sUAS operation to 

serve the public interest. Near Earth’s proposed operation does not differ significantly from the 

situations presented in the Clayco, Woolpert, and Advanced Aviation Solutions Exemptions. In

fact, the proposed VAPOR 35/55 sUAS operations establish at least an equivalent level of safety 

to the sUAS operations described in the Clayco, Woolpert, and Advanced Aviation Solutions 

Exemptions, if not greater, as Near Earth operations are for demonstration purposes only, with 

the goal of enabling their customers to ultimately benefit the public in very similar ways to those 

outlined in the above-mentioned Exemptions. Given that Near Earth plans to operate in similarly 

restricted operating environments, and with the intent of addressing similar markets and 

operating purposes, and with the airmanship skills necessary to operate the sUAS, Near Earth 

respectfully asks the FAA to grant Near Earth’s Petition.

D. Recent Changes to the Exemption Process

In April 2015, the FAA used a “summary grant” process to issue 30 Section 333 

exemption approvals for UAS. Use of this process is likely to speed up the Section 333 

exemption process for sUAS operators such as Near Earth. Given that the Near Earth Petition is 
7

substantially similar to the previously-granted exemption requests described above, Near Earth

believes that use of the “summary grant” process is appropriate in evaluating this Petition. 

In addition, the FAA made the following two significant changes to the Section 333 

exemption PIC qualifications in April 2015:

 The agency now allows operations under these exemptions by people who hold a 

recreational or sport pilot certificate. Previously, Section 333 operators were required to 

have at least a private pilot certificate. The newly added certificates are easier to obtain, 

and therefore less costly, than a private pilot certificate.

 A third class medical certificate is no longer required. Now, a Section 333 operator only 

needs a valid driver’s license to satisfy the medical requirement. This change is 

consistent with the agency’s approach for sport pilot certificate holders, who may fly light 

sport aircraft with a driver’s license and no FAA medical certificate. 

FAA News & Update - FAA Summary Grants Speed UAS Exemptions, FAA E-Newsletter, April 9, 

2015.

Finally, and perhaps even more notably, the Federal Aviation Administration has 

established an interim policy to speed up airspace authorizations for certain sUAS operators who 

obtain Section 333 exemptions. Under the new policy, the FAA will grant a COA for flights at or 

below 200 feet to any sUAS operator with a Section 333 exemption for aircraft that weigh less 

than 55 pounds, operate during daytime Visual Flight Rules (“VFR”) conditions, operate within 

VLOS of the pilots, and stay certain distances away from airports or heliports:

 5 nautical miles (“NM”) from an airport having an operational control tower; or

 3 NM from an airport with a published instrument flight procedure, but not an operational 

tower; or

 2 NM from an airport without a published instrument flight procedure or an operational 

tower; or

 2 NM from a heliport with a published instrument flight procedure

The “blanket” 200-foot COA allows flights anywhere in the country except restricted 

airspace and other areas, such as major cities, where the FAA prohibits UAS operations. Section 

333 exemption holders will automatically receive a “blanket” 200-foot COA. For new exemption 

holders, the FAA will issue a COA at the time the exemption is approved. To the extent an 

operator seeks to fly outside the blanket parameters, that operator must obtain a separate COA 

specific to the airspace required for that operation.

Adapted from http://www.faa.gov/news/updates/?newsId=82245

Near Earth has been working diligently to comply with the requirements set forth by the 

FAA prior to these recent changes, and has developed its proposed plan of sUAS operations 

accordingly. Given that Near Earth’s proposed sUAS operations follow the prior, more stringent 

requirements, Near Earth believes that it has exceeded what is needed to establish the 
8

“equivalent level of safety” as it is now interpreted by the FAA. In light of the recent changes 

made by the FAA, Near Earth requests that the FAA use its “summary grant” authority to 

approve this Petition and issue to Near Earth a “blanket” 200-foot COA.

D. Recent FAA Proposed Rules and Interim Policy

On February 15, 2015, the FAA issued proposed rules for operation and certification of 

sUAS, under which the VAPOR 35/55 sUAS would qualify. (Docket No.: FAA-2015-0150; 

Notice No. 15-01 concerning 14 CFR Parts 21, 43, 45, 47, 61, 91, 101, 107, and 183). While 

these rules have yet to be implemented and therefore do not have the force of law, they are a 

strong indication of the FAA’s inclination to allow sUAS operations such as those proposed by

Near Earth. Near Earth continues to pay close attention to these rules and their development and 

ultimate implementation. 

E. Conclusion 

For all the above reasons, Near Earth asks that the FAA grant its request for exemption 

from certain FARs, and approve its operation of the VAPOR 35/55 sUAS in the national airspace 

in accordance with the limitations and restrictions set forth herein.

II. Legal Basis for the Requested Exemption under Section 333

In 2012, Congress passed the FAA Modernization and Reform Act, mandating the FAA to 

integrate unmanned aircraft systems (UAS) into the national airspace system (NAS). Section 332 

of the Act authorizes the FAA to develop regulations for the civil operation of UAS weighing 

less than 55 pounds. While the final UAS regulations have not yet been issued by the FAA, 

Congress, in Section 333 of the Act, directed the FAA to allow the operation of civil sUAS even 

before such final regulations are completed, to the extent that the sUAS operations do not create 

a hazard to the national airspace system or the public, or pose a threat to national security. 2012 

Act, §§ 333(a), (b)(1). 

The FAA has authority pursuant to 49 U.S.C.S 44701(f) to grant an exemption from the 

regulations developed for manned aircraft operations (FARs and other requirements) to the 

extent the FAA finds that the exemption is “in the public interest.” An sUAS operation that is in 

the public interest has been described as an operation that “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 sUAS to commence immediately.” See Clayco 

Exemption, p.8. 

Section 333 of the Act mandates the Secretary of Transportation to make a case-by-case 

determination of safety concerning proposed sUAS operations, by considering 6 factors. The six 

factors are (1) size, (2) weight, (3) speed, (4) operational capability, (5) proximity to airports and 

populated areas, and (6) operation within VLOS (2012 Act, §§ 333(c)). Once safe operation of 

the sUAS is established, the Secretary must then set forth requirements to facilitate the operation 

of the sUAS. 
9

III. Identity and Contact Information of the Petitioner

The petitioner is Near Earth Autonomy, Inc., a Pennsylvania corporation with its 

principal place of business at:

Near Earth Autonomy, Inc.

5001 Baum Blvd, Suite 750

Pittsburgh, PA 15213

Tel: (412) 877-5587

Fax: (412) 621-4301

Email: dave@nearearth.aero

Principal Contact: David Duggins

Website: www.nearearthautonomy.com

All questions concerning this Petition may be directed to Justine M. Kasznica, counsel for Near 

Earth Autonomy, Inc., at:

Justine M. Kasznica, Esq.

Saul Ewing LLP

One PPG Place

Suite 3010

Pittsburgh, PA 15222

Tel: (412) 209-2537 (office)

Fax: (412) 209-2588 (fax)

jkasznica@saul.com 

IV. The VAPOR 35/55 sUAS 

Near Earth seeks an exemption to operate the VAPOR 35/55 sUAS. The FAA has 

previously granted exemptions from Section 91.151 and other FARs and approved the 

conditional operation of this particular type of sUAS. For example, as recently as June 3, 2015, 

the FAA granted Exemption No. 11241A to operator Phoenix Air UNMANNED, LLC, 

approving the operation of a VAPOR 35 and 55 sUAS on the same conditions it had outlined for

other sUAS used by the same operator for the purpose of closed-set motion picture and television 

filming and production, stating that safety would not be adversely affected when the technical 

characteristics and operating limitations of the VAPOR 35/55 sUAS are considered. Another 

broad exemption involving the VAPOR 35/55 sUAS include Exemption No. 11238A, granted on 

May 7, 2015 to the San Diego Gas & Electric Company for sUAS operation involving aerial data 

collections. Near Earth believes it has more than met the requirements and conditions outlined by

the FAA in these two exemptions, and should therefore be granted a similar exemption from the 

FAA for its VAPOR 35/55 sUAS operations for the purpose of product and service 

demonstrations in restricted operating environments. 

The VAPOR 35/55 sUAS is a single rotor sUAS comprised of a VTOL UAV and a 

transportable GCS. The VAPOR 35/55 sUAS has a maximum takeoff weight, including payload 

capability, of less than 35 and 55 pounds, with payload capability of up to 5 and 12 pounds 
10

respectively; the VAPOR 35 measures approximately 55 inches in length (without blades), 25 

inches in width, and 19 inches in height, while the VAPOR 55 measures approximately 75 inches 

in length (without blades), 27 inches in width, and 23 inches in height; they both have a 

maximum speed of approximately 30 knots. The VAPOR 35/55 sUAS is powered by a Lithium 

Polymer battery-powered electric motor, and has the following features, designed for precise, 

safe, and reliable operation:

 Safety features (automatic autorotation, smart autohome functions, etc.)

 Precision, full-authority automatic flight control system

 Touchscreen-compatible ground control

 Automatic rotor speed calibration for different flight altitudes

 High flight time even with large payloads

 Operational capability in windy environments

The technical specifications of the VAPOR 35/55 sUAS are as follows: 

1. sUAS: VAPOR 35/55, manufactured by Pulse Aerospace, Inc.

2. Data Link: 5800 MHz secure digital datalink with Ethernet interface; 5 mile range 

and 50 Mb/s; uplink at 2 Hz to GCS

3. Payloads: Lidar and/or color cameras and/or thermal imagers

4. Batteries: Intelligent 12 series, 22,000 mAh Li-Po Battery (Main Motor); 2000 

mAh Li-Po Battery (FCS and Servos)

5. VAPOR 55 Empty Weight: < 21 lb 

6. VAPOR 55 Minimum Takeoff Weight: 32 lb

7. VAPOR 55 Maximum Takeoff Weight: < 55 lb

8. Maximum Flight Time: 60 minutes cruising (40 minutes if hovering)

9. Operational Range: 5 miles

10. Maximum Wind Speed for Flight: 30 knots

11. Maximum Speed: 22 knots

12. Typical Speed: 20 knots

A PIC controls vertical and lateral movement of the VAPOR 35/55 sUAS via the GCS or 

R/C transmitter by varying angle of attack among the main and tail rotors. The GCS displays the 

current position of the VAPOR 35/55 sUAS in relation to the pilot. The VAPOR 35/55 has four 

distinct modes of operation. It has an advanced full-authority autopilot capability (Mission 

Mode); it can also be manually controlled (RC Mode); PIC-guided with autopilot assistance 

(Manual Mode); or an autopilot mode may be triggered in the event of a lost link or timer expiry, 

in which the sUAS will return to its “home” waypoint (Home Mode). If the VAPOR 35/55 

sUAS exceeds the control range of the remote control, or in the event of a lost link for other 

reasons, the flight control system will default into Home Mode, meaning the VAPOR 35/55 

sUAS will automatically fly back to its takeoff point or any other waypoint selected by the 

operator as a landing point, and land safely. This same feature can be used to program flight 

parameters for the sUAS. In the event that the sUAS exceeds the programmed flight parameter, 
11

the sUAS will automatically fly back to its designated location.

The VAPOR 35/55 sUAS tracks the FCS battery life in real-time through its built-in 

Battery Power Indicator and tracks the main rotor battery through a timer. The VAPOR 35/55 

will be programmed to return to its launch location automatically so that it will, upon landing, 

have no less that 25% battery life. The VAPOR 35/55 sUAS utilizes a barometric pressure 

sensor, GPS antenna, and a radio communications telemetry data link to downlink altitude 

information from the UAV to the ground control station. The VAPOR 35/55 sUAS uses i) a 

standard 5800 MHz secure digital datalink with Ethernet interface; ii) 5 mile range and 50 Mb/s; 

with iii) an uplink at 2Hz to GCS communications link, all of which do not require any 

additional FCC approvals beyond what is already approved for use commercially.

A complete description of the operation and specifications of the VAPOR 35/55 sUAS, 

the Pulse GCS, and its software is provided in the VAPOR 35 Aircraft Flight Manual. Near Earth

intends to use a SURVEY Copter GCS Software with the VAPOR 35/55 sUAS, which will allow 

for improved and precision operation of the sUAS, as described above. A complete description of 

the operation and specifications of the SURVEY Copter GCS Software is provided in SURVEY

Copter GCS Software User’s Manual. The VAPOR 35/55 sUAS is compliant with all FCC 

requirements, and the radio frequency spectrum used for operation and control of the sUAS is set 

forth in the VAPOR 35 Aircraft Flight Manual and the SURVEY Copter GCS Software User’s

Manual, a copy of which is submitted as Exhibit A, and part of the CONFIDENTIAL

Supplement. The following Near Earth Products and Services, to be demonstrated using the 

VAPOR 35/55 sUAS, are listed below:

A. s1 survey system: a fully-integrated, turnkey survey system that produces 

photorealistic 3D imagery of large regions. s1 includes a ground station for 

specification of flight plans. All range data and video imagery are collected 

onboard for post-processing. s1 is designed to be used with minimal training and a 

small flight crew for flight beyond line-of-sight. 

B. s2 mapping system: a complete, turnkey mapping system for generating 

photorealistic digital elevation maps. s2 includes a ground station for high-level 

specification of flight plans. All range data and video imagery are collected onboard for post-processing. s2 is designed to be used with minimal training and a 

small flight crew for flight beyond line-of-sight. 

C. g5 configurable mapping payload: offers the best combination of weight, cost, 

performance, and capabilities. Modular components exist for lidar mapping, 

multispectral sensing, collision avoidance, and photogrammetry. Five 

configurations are available with options for higher density and / or more accurate 

point clouds.

Product brochures containing complete descriptions of the foregoing Near Earth Products 

or Services are included in Schedule 1, attached hereto. 
12

V. The Proposed sUAS Operation

The VAPOR 35/55 sUAS will be used to demonstrate Near Earth products and services, 

including its software suite payloads which may be purchased by Near Earth customers for the 

purpose of (i) conducting routine monitoring and (ii) producing high-resolution and high-quality, 

precision aerial acquisitions of project sites for a variety of industries. Use of the sUAS is a lowcost solution with low environmental impact that protects surveyors from the often hazardous 

conditions present at various industrial project sites, while optimizing the quality and 

effectiveness of the data collected. Near Earth intends to illustrate this point to prospective 

customers by demonstrating its products and services designed for optimized safety, reliability, 

and precision.

A. Selection of Appropriate Project Sites

Near Earth wishes to operate the VAPOR 35/55 sUAS for the purpose of demonstrating 

its product offerings and service capabilities, which can be purchased by customers for the 

purpose of conducting aerial acquisitions of project sites in various industries, including in the 

construction, mining, natural gas, power, public sector, real estate, and solid waste industries.

Typical customer project sites may include: (1) commercial and residential construction sites, (2) 

oil and gas and alternative energy sites, (3) public utility sites, (4) mining sites, (5) quarries, (6) 

excavation sites, (7) waste management sites, and (8) other infrastructure development sites. 

For the purpose of its demonstration operations, Near Earth will select appropriate project 

sites based on safety considerations and any restrictions imposed by the FAA that are related to 

sUAS operations (“Appropriate Project Sites” or “APS”). As such, APS are limited to those 

project sites that have the following operating environment: 

1. APS will be located in rural areas, away from any urban or congested locations.

2. APS will be located on secured private property with restricted public access.

3. APS will be located more than 5 miles away from any airport, unless FAAconditions are met and relevant approvals and/or letter of agreements are 

obtained.

4. APS will be located in Class G Airspace.

5. APS will be such locations where the property owner has approved the 

contemplated sUAS operations.

Near Earth will not operate the VAPOR 35/55 sUAS at project sites that are not 

determined to be APS. 

To date, Near Earth has identified 4 APS that meet the foregoing requirements, where it 

seeks to begin its operations to the extent this Petition is granted. These 4 APSs are described 

with specificity and attached hereto as part of Exhibit B in the CONFIDENTIAL Supplement. 

Because private information is contained in these attached APS descriptions, Near Earth asks the 

FAA to keep this material confidential. If its Section 333 exemption request is granted, Near 

Earth intends to expand its sUAS operations to other similar APS within the United States and 

will submit an amendment to this Petition if necessary.
13

B. Operator Qualifications

The VAPOR 35/55 sUAS will be operated at an APS by a PIC, who will be assisted by a

ground-based VO at all times during the operation. The VO will have a clear visual line-of-sight 

to the sUAS, and will be able to communicate verbally with the PIC at all times throughout the

sUAS operation. 

The primary Near Earth PIC holds a FAA commercial rotary-wing and instrument rating 

with military rotorcraft experience. Other prospective Near Earth PICs have, at minimum, 

recreational pilot or private pilot licenses, which have been deemed sufficient by the FAA for 

sUAS operations in previously–granted petitions, provided other qualifications are met. In

addition, all Near Earth PICs hold the requisite airman medical certificates (although these are no 

longer necessary under the FAA’s recent changes). 

All Near Earth PICs and VOs possess significant experience with and have demonstrated 

the appropriate skillset needed for flying sUAS. The Near Earth PICs have flown numerous 

practice flights in remote areas as hobbyists simulating flights for future commercial use to gain 

familiarization with the characteristics of the sUAS performance under different temperature and 

weather conditions. Indeed, by meeting minimum flight-hour and currency requirements, the 

Near Earth PICs can demonstrate that they are able to safely operate the VAPOR 35/55 sUAS in 

a manner consistent with this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from people, vessels, vehicles, and structures. In addition, the 

Near Earth PICs practice computerized simulated flights to maintain adequate skills and response 

reflex time. 

With this experience, the Near Earth PICs can achieve an equivalent level of safety as 

achieved by current regulations because the risks of the Near Earth PICs operating the proposed 

sUAS at the APS are far less than the risk levels inherent in the commercial activities outlined in 

14 CFR Part 61, et seq. The VAPOR 35/55 sUAS does not carry any pilots or passengers. 

Moreover, research has shown that a pilot’s license, while helpful, does not ensure remote 

control piloting skills or safe sUAS operation. 

Indeed, the FAA’s recent changes to the Section 333 exemption request process supports 

Near Earth’s position. Those changes allow for sUAS operations by PICs who hold a recreational 

or sport pilot certificate, certificates that are less costly and easier to obtain than a private pilot 

license. Additionally, a third class medical certificate is no longer required. Instead, a sUAS

operator only needs a valid driver’s license to satisfy the medical requirement. This change is 

consistent with the agency’s approach for sport pilot certificate holders, who may fly light sport 

aircraft with a driver’s license and no FAA medical certificate. In keeping with the FAA’s

current position, the Near Earth PICs hold, at a minimum, a recreational or sport pilot 

certification, valid driver’s licenses, and the previously required, but no longer necessary, 

medical certifications.

C. Training

If this Petition is granted by the FAA, the Near Earth PICs and VOs intend to test fly the 

sUAS outdoors, at the APS described above, or in locations bearing the same characteristics, to 

gain the requisite experience operating the VAPOR 35/55 sUAS. Near Earth will adopt the FAA’s

findings regarding sufficient training protocol for its PICs, whatever they may be, prior to 
14

conducting any commercial operations of the sUAS, and proposes the following in this regard 

(taken from the training requirements outlined by the FAA in the Trudeau Exemption, at pages 

14-15, basing its analysis on the Astraeus Exemption):

“The PIC must have accumulated and logged at least 25 hours of total time as a UAS 

rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi-rotor UAS. 

The PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot 

operating the same make and model of UAS to be used for operations under the 

exemption.

For clarification, these minimum hour requirements will be inclusive rather than additive; 

that is, 5 hours using the same system contemplated for operations may be included in the 

10 hours of multirotor time and the 10 hours may be included in the total 25 hours of 

UAS rotorcraft time. In addition to the hour requirements, the PIC will accomplish 3 

take-offs and landings in the preceding 90 days (for currency purposes).” 

This will ensure that the PIC obtains sufficient flight experience to begin using the sUAS 

outdoors for the specified purposes outlined in this Petition. 

D. sUAS Flight Operations

The purpose of the typical sUAS flight will be to safely, accurately, and efficiently 

demonstrate the capabilities of Near Earth products and services, listed in Section IV herein, for 

sales and marketing purposes. See Schedule 1 for Product Brochures of s1, s2 and g5.

Every sUAS flight will use at minimum a two-man flight crew, including the PIC and 

VO.

The standard pre-flight and operational procedure is as follows: 

1. Meet at the APS and complete pre-flight security, as appropriate for each APS. 

2. Set up a “no-entry” perimeter around the jobsite forbidding entrance by nonauthorized personnel.

3. Verify that the project site is clear of non-authorized personnel.

4. Drive to the area to be surveyed.

5. Ensure that all necessary equipment, including the Flight Log, operating and 

flight manuals and checklists, and other documents are readily accessible. 

6. The PIC begins to ready sUAS for flight. For detailed procedural rules, the PIC 

will refer to and follow the Pre-Flight Procedure contained in the VAPOR 35 

Aircraft Flight Manual.

a. Set up the handheld weather station on tripod. 

b. Check the airframe, connections, and rotors for any damage during 

transport to the APS. 

c. Calibrate the camera, or other payload system, as applicable. 

d. Turn on and ready the GCS. 

e. Connect communication antennae to the GCS. 
15

f. Open Ground Station software and pull up the pre-planned flight path. 

g. Remove the battery for flight, measure current voltage, and log findings in 

the battery manual. 

h. Strap the battery securely into the sUAS but do not attach the main power. 

i. Move the sUAS to take-off point, approximately 50 feet from crew. 

j. Attach the battery’s main power. 

k. Listen to the power up sequence of beeps from the electronic speed control 

(“ESC”) and motors. 

l. Set up traffic cones around the sUAS with a 50-foot (approximate) radius. 

This is the “home” area; operators are not allowed inside this area while 

the electrical motor is running. 

m. Activate engine power without moving the throttle up. Follow Pulse’s 

compass calibration procedure, which records the “home” point. 

n. Using the Ground Control Station, verify connection to the sUAS. 

o. The sUAS should appear on the screen, along with a recorded home point, 

battery voltage, current altitude relative to the ground, and current 

velocity. 

p. Upload the flight path data to the sUAS. 

q. Verify good upload and connection. 

r. Record the time and weather in Flight Log and Procedures, a form of 

which is contained in the VAPOR 35 Aircraft Flight Manual.

s. The sUAS is now fully prepared and ready to go.

7. The PIC double checks that the take-off area is clear of any foreign object debris 

(“FOD”)

8. At all times, the PIC will refer and follow the Takeoff Procedure contained in the 

VAPOR 35 Aircraft Flight Manual.

9. The PIC commands the aircraft to take off and to fly to the approximate survey 

altitude. 

10. The VO verifies that the GCS has a good connection and is tracking the sUAS. 

11. The VO or another crew member then begins to test, and/or to demonstrate to a 

customer, the payload capabilities at a continuous interval. 

12. During the mission, the PIC and VO will always have VLOS with the aircraft and 

the PIC is will be prepared to take over flight operations manually as needed to 

ensure safe operations. 

13. PIC will reference the GCS Checklist contained in the VAPOR 35 Aircraft Flight 

Manual, as necessary, throughout the mission.

14. The PIC’s Ground Station has a flight battery monitor which is set to a minimum 
16

of 25% battery reserve. The timer begins from the point the throttle is moved out 

of its start position. 

15. During flight, a secondary crew member monitors the GCS data (voltage, forward 

velocity, altitude, and estimated remaining time to complete the mission) and 

relays any sudden changes or alerts to the PIC. 

16. As the mission completes, the PIC informs the secondary crew member he is 

taking back over control. 

17. The PIC begins to land the sUAS, referencing the Landing Procedure contained in 

the VAPOR 35 Aircraft Flight Manual. 

18. After safely landing, the PIC walks to the aircraft and unplugs the main power. He 

then makes a determination, based on the data collected and/or payload capability 

demonstration, whether the mission was successful. 

19. If successful, the VO or any other crewmember leaves to go pick up ground 

control points (“GCPs”), if any. 

20. The PIC checks battery voltage and records the value in the battery log. 

21. The PIC records the flight time in the Flight Log. 

22. The PIC turns off the GCS and any payload (if applicable). 

23. The PIC checks the airframe for any damage or loose connections resulting from 

the flight, and records any findings. 

24. The PIC packs all equipment for transport.

VI. The VAPOR 35/55 sUAS Equivalent Level of Safety 

Near Earth proposes that the exemptions requested herein apply to civil aircraft that have 

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

for at least an equivalent or higher level of safety to operations under the current regulatory

structure. 

The limitations and conditions to which Near Earth agrees to be bound when conducting 

commercial operations under an FAA issued exemption include: 

1. The sUAS will not be flown at night and will be operated under visual meteorological 

conditions (“VMC”) or where visibility is at least 3 statute miles from PIC. The use of 

first-person-view (“FPV”) by the PIC or VO is not permitted.

2. Flights will be operated at an altitude of no more than 400 feet Above Ground Level 

(“AGL”), with the majority of flights anticipated to be operated at no more than 200 feet 

AGL.

3. The sUAS will not be flown at an airspeed exceeding 22 knots groundspeed.

4. The sUAS, including any payload, will weigh less than 55 lbs. 

5. 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 
17

landing point and land the sUAS with 25% battery power remaining. 

6. The sUAS will be operated within 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.

7. All operations will utilize a VO. The VO and PIC will be able to communicate verbally at 

all times. Electronic messaging or texting is not permitted during flight operations. The 

PIC will be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC will ensure that the VO can perform the functions 

prescribed in the operating documents.

8. The operating documents and the grant of exemption will be accessible during sUAS 

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

between the conditions and limitations contained in the grant of exemption and the 

procedures outlined in the operating documents, the conditions and limitations contained 

in the grant of exemption take precedence and will be followed. Otherwise, Near Earth 

will follow the procedures as outlined in its operating documents. Near Earth may update 

or revise its operating documents, to the extent permitted by Pulse, the sUAS 

manufacturer. It is Near Earth’s responsibility to track such revisions and present updated 

and revised documents to the Administrator upon request. Near Earth will also present 

updated and revised documents if it petitions for extension or amendment to the grant of 

exemption. If Near Earth determines that any update or revision would affect the basis 

upon which the FAA granted the exemption, then Near Earth will petition for amendment 

to the 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. 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 in 

connection with the operations be present for this briefing.

10. Near Earth will file any necessary paperwork in light of the exemptions with the 

appropriate Flight Standards District Office (“FSDO”).

11. Prior to each flight the PIC will inspect the sUAS to ensure it is in a condition for safe 

flight. If the inspection reveals a condition that affects the safe operation of the sUAS, the 

aircraft is prohibited from operating until the necessary maintenance has been performed 

and the sUAS is found to be in a condition for safe flight. The GCS will be included in 

the preflight inspection. All maintenance and alterations will be properly documented in 

the aircraft records.

12. Any sUAS that has undergone maintenance or alterations that affect the sUAS operation 

or flight characteristics, e.g. replacement of a flight-critical component, will undergo a 

functional test flight. The PIC who conducts the functional test flight will make an entry

in the aircraft records.

13. The pre-flight inspection will account for all potential discrepancies, e.g. inoperable 

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

operating documents.

14. Near Earth will follow the sUAS manufacturer’s aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements. 
18

15. Near Earth will 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 will be noted in the aircraft records, 

including total time in service, description of work accomplished, and the signature of the 

authorized person returning the sUAS to service.

16. Each sUAS operated under this exemption will comply with all applicable Manufacturer 

Safety Bulletins.

17. The authorized person will make an entry in the aircraft record of the corrective action 

taken against discrepancies discovered between inspections.

18. The sUAS will have redundancies and an independent flight termination system (FTS) 

that can be activated manually by the PIC to ensure the overall safety and predictability 

of the sUAS.

19. In the event of a loss of communications or signal, the sUAS is programmed to return to 

its home base.

20. The sUAS will have the capability to abort a flight in case of unexpected situations or 

emergencies. 

21. If the helicopter and its controller disconnect during flight, the system’s failsafe autopilot 

system will automatically engage, and the helicopter will return to its home base and land 

automatically, rather than flying off uncontrollably or landing at an unknown location. 

22. The sUAS will only be flown (i) in rural areas, away from any urban or congested 

locations, (ii) on secured private property with restricted public access, (iii) in areas 

located more than 5 miles away from any airport, unless FAA-conditions are met and 

relevant approvals or letter of agreements are obtained, (iv) in Class G Airspace, and (v) 

in such locations where the property owner has approved the contemplated sUAS 

operations. 

23. The PIC, VO, and any additional crew members will comply with any additional safety 

regulations and protocols as may be required by each site where the sUAS is flown. 

24. Near Earth will communicate information about specific operations with Air Traffic 

Control (ATC) nearest to the flight site.

25. Near Earth will submit a precise description of proposed sUAS operations (Plan of 

Activities) to the local FSDO within 3 days prior to the sUAS operations. 

26. Near Earth will obtain a COA prior to any operations under the grant of exemption, and 

seeks a “blanket” COA in accordance with the interim policy recently announced by the 

FAA. This COA will also require the operator to request a Notice to Airmen (NOTAM) 

not more than 72 hours in advance, but not less than 48 hours prior to the operation. 

27. All aircraft operated in accordance with the exemption will be identified by serial 

number, registered in accordance with 14 C.F.R. part 47, and have identification (NNumber) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings will be as 

large as practicable. 

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

control of the sUAS will comply with the FCC or other appropriate government oversight 
19

agency requirements.

29. The documents required under 14 C.F.R. 91.9 and 91.203 will be available to the PIC at 

the GCS of the sUAS any time the sUAS is operating. These documents will be made 

available to the Administrator or any law enforcement official upon request. 

30. The sUAS will remain clear and yield the right of way to all manned aviation operations 

and activities at all times. 

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

confirmed, and made available in writing upon request. 

32. 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. 

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

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

the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents will be reported 

to the National Transportation Safety Board (“NTSB”) per instructions contained on the 

NTSB Web site: www.ntsb.gov.

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—provides more than adequate justification for 

the grant of the requested exemption allowing commercial operation of the sUAS pursuant to the 

rules of operation described herein. 

Additional information concerning the sUAS operational procedures is included in the 

VAPOR 35 Aircraft Flight Manual and the SURVEY Copter GCS Software User’s Manual, as 

well as training protocols and preflight procedures, Limitations of Operation for controlling 

air/ground space for demonstrations, and maintenance and operations checklists, attached to this 

Petition as Exhibits A and B (CONFIDENTIAL Supplement), which Near Earth requests not to 

be made public.

VII. Privacy 

There is little risk that the proposed use of the VAPOR 35/55 sUAS will result in any 

privacy violations because all flights will occur over private or controlled access property with 

the property owner’s prior consent and knowledge. In addition, similar to the manned aerial 

acquisition flight operations that have been conducted for decades, Near Earth’s proposed 

operation of the VAPOR 35/55 sUAS will not implicate any privacy issues. Specifically, the 

VAPOR 35/55 sUAS will only be operated pursuant to (i) the specific conditions and limitations 

set forth herein, and (ii) in accordance with the Federal Aviation Regulations, to the extent not 

exempted. 

VIII. Public Interest and Safety 

Various industries routinely utilize workers on the ground to monitor, take photos, and 

conduct surveys of project sites. Project sites in the oil and gas, power, mining, excavation, and 

construction industries are known to be unsafe. Hazards at these sites include (1) exposure to 

dangerous chemicals, (2) unsafe ground conditions due to uneven terrain, debris, construction 
20

materials, and heavy equipment that lead to on-site injuries, and (3) extreme temperatures which 

can lead to related illness and injury. Near Earth develops payloads for use with sUAS to 

address these issues, and seeks to demonstrate the capabilities of its products and services to 

prospective customers engaged in the aforementioned hazardous activities and who expose 

workers to the various hazards, with the intent to have their products and services render the 

activities safer for humans.

Use of the VAPOR 35/55 sUAS in connection with the demonstration of Near Earth’s

products and services will increase ground safety by ultimately being used by customers to 

reduce ground surveying and the hazards associated therewith. By using sUAS over the project 

sites, rather than putting workers on the ground, the hazards stemming from these conditions will 

be removed. This public benefit cannot be achieved if companies like Near Earth cannot 

responsibly test and demonstrate the capabilities of cutting-edge commercial technologies whose 

very purpose is to address these safety concerns.

The use of the sUAS for these purposes will achieve significant economic efficiencies as 

well. By demonstrating its products and services in flight using a sUAS, Near Earth can reduce 

the time required for product optimization by obtaining customer feedback quicker in a far more 

cost-effective way than demonstrating the capabilities using manned aircraft. Indeed, some of the 

products and services are specifically designed for use with a sUAS, and need to be tested with a 

sUAS. The end-users (Near Earth customers and their customers) will derive economic benefit as 

well. By reducing the time and cost, and by improving the effectiveness of aerial data 

acquisition, end users will reduce costs to their customers, bring in more business, and provide 

greater job stability to their employees, which will ultimately contribute to the growth of the U.S. 

economy. Finally, as mentioned before, inspections and monitoring of project sites by the sUAS 

will help end-users identify dangerous conditions, and may prevent serious injury to employees 

and other on-site and near-site personnel. Improved financial performance through the 

commercial use of sUAS will help provide a stable workforce that increases consumer spending; 

improves local, state, and federal tax revenues; and allows companies to invest in research and 

development in order to remain competitive.

For all these reasons, the sUAS operations contemplated by Near Earth achieve a level of 

safety equal to or greater than that which would be achieved by flying a much larger manned 

aircraft carrying crew and flammable fuel for the same purposes. 

IX. Exemptions Requested under Section 333

Near Earth requests that an exemption be granted from the following regulations:

A. 14 CFR Part 21

B. 14 CFR 43.7

C. 14 CFR 43.11

D. 14 CFR 45.11

E. 14 CFR 45.21

F. 14 CFR 45.23(b)

G. 14 CFR 45.29

H. 14 CFR 61.113(a) and (b)

I. 14 CFR 67

J. 14 CFR 91.7(a)
21

K. 14 CFR 91.9(b)(2)

L. 14 CFR 91.9(c)

M. 14 CFR 91.103(b)

N. 14 CFR 91.109

O. 14 CFR 91.119

P. 14 CFR 91.121

Q. 14 CFR 91.151(a)

R. 14 CFR 91.203(a) and (b)

S. 14 CFR 91.405(a)

14 CFR 91.407(a)(1)

14 CFR 91.409(a)(2)

14 CFR 91.417(a) and (b)

The regulations and the basis for an exemption are set forth as follows.

A. 14 CFR Part 21 Certification Procedures for Products and Parts—prescribes the 

procedural requirements for issuing and changing design approvals, production 

approvals, airworthiness certificates, and airworthiness approvals.

Near Earth requests an exemption from 14 CFR Part 21 to the extent applicable. This 

exemption meets the requirement for an equivalent level of safety pursuant to Section 333 based 

on the small size, light weight, relatively slow speed, safety and fail-safe system specifications of 

the VAPOR 35/55 sUAS, and its use in controlled rural environments on private land with 

restricted public access, as described previously in this Petition. Moreover, the VAPOR 35/55 

sUAS carries no fuel and is therefore not at risk of fuel spillage and fire in the event of an 

accident.

If the exemption is granted, and an airworthiness certificate is not required, noise 

certification and testing also will not be required. See FAA, Public Guidance for Petitions for 

Exemption Filed Under Section 333 (September 25, 2014), at 4. In any event, the VAPOR 35/55 

sUAS is a small, battery powered system designed to emit very little noise.

Notwithstanding the foregoing, the FAA has previously determined that relief under Part 

21 is not necessary for petitioners who have presented facts substantially similar to those 

presented by Near Earth. (See Exemption Nos. 11109, 11114, 11062, 11136, 11138, referenced in 

Section I, above).

B. 14 CFR 43.7 Persons authorized to approve aircraft, airframes, aircraft engines, 

propellers, appliances, or component parts for return to service after 

maintenance, preventive maintenance, rebuilding, or alteration—provides that 

the holder of a mechanic certificate or a repair station certificate may approve an 

aircraft, airframe, aircraft engine, propeller, appliance, or component part for return to 

service.

Near Earth requests an exemption from 14 CFR 43.7. The VAPOR 35/55 sUAS is 

comprised of parts and components that are not dissimilar from a model aircraft, and the 

contemplated operators of the VAPOR 35/55 sUAS, who will maintain and when necessary
22

repair the sUAS, have engineering degrees. The operators will conduct inspections and 

maintenance based on maintenance guidelines contained in the CONFIDENTIAL Supplement 

The capabilities of these operators to maintain and repair the VAPOR 35/55 sUAS will meet the 

requirements for an equivalent level of safety pursuant to Section 333 for the type of sUAS, its 

intended use, and the intended operating environment and locations. 

C. 14 CFR 43.11 Content, form, and disposition of records for inspections 

conducted under parts 91 and 125—provides, in pertinent part, that maintenance 

record entries be maintained and a record for the listing of discrepancies and placards 

by inspectors be maintained.

Near Earth requests an exemption from 14 CFR 43.11. The VAPOR 35/55 sUAS central 

frame is less than 23 inches high. There is no room on the sUAS to store or display placards or 

records. Additionally, no inspections for the VAPOR 35/55 sUAS have been conducted or 

certified by FAA at the present time. However, as a condition to the approval of exemption, Near 

Earth will keep log books of all maintenance and repairs, and such log books will be available at 

each project site during the sUAS operations. 

D. 14 CFR 45.11 Marking of Products—prescribes, in pertinent part, that the 

manufacturers of aircraft, engines and propellers mark such aircraft, engines, or 

propellers with an approved fireproof identification plate.

Near Earth requests an exemption from 14 CFR 45.11. The VAPOR 35/55 sUAS, due to 

its small size, does not have room for fireproof identification plates to be placed in it. Any 

required fireproof identification plates could become hazardous due to the additional weight and 

strain placed on the sUAS.

E. 14 CFR 45.21 General—prescribes, in pertinent part, that no person may operate a 

U.S.-registered aircraft unless that aircraft displays nationality and registration marks 

in accordance with the requirements of this section and §§45.23 through 45.33.

Near Earth requests an exemption from 14 CFR 45.21. To date, no requirements or 

procedures for obtaining a registration mark for a sUAS have been established by the FAA. 

However, as a condition to the approval of exemption, Near Earth is willing to be assigned a 

registration number and to display it to the extent practicable.

F. 14 CFR 45.23(b) Display of Marks; general—prescribes, in pertinent part, that 

when marks include only the Roman capital letter “N” and the registration number is 

displayed on limited, restricted, or 2 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.

Near Earth requests an exemption from 14 CFR 45.23(b), to the extent applicable. The 

VAPOR 35/55 sUAS center airframe is less than 23” in height. Due to its small size, the VAPOR 

35/55 sUAS does not have room to display aircraft marks in a conventional size. However, as a 

condition to the approval of exemption, Near Earth is willing to affix an appropriately sized 

aircraft mark to the VAPOR 35/55 sUAS mainframe. 

The word “Experimental” (as applicable) will be placed on the center frame of the 
23

VAPOR 35/55 sUAS in compliance with §45.29(f). However, a partial exemption from this 

display regulation is requested as the sUAS will have no entrance to the cabin, cockpit or pilot 

station on which the words such as “Experimental” can be placed. Given the size of the sUAS, 

two-inch lettering will be impossible. 

The equivalent level of safety will be provided by having the VAPOR 35/55 sUAS

marked on its center frame as required by §45.29 (f), where the PIC, observer and others 

working with the sUAS will see the identification of the sUAS. The requested exemption is 

consistent with previous exemptions issued by the FAA—the FAA has previously determined 

that relief under 14 CFR 45.23(b) is not necessary for petitioners who have facts substantially 

similar to those presented by Near Earth. (See Exemption Nos. 11109, 11114, 11062, 11136, 

11138, referenced in Section I, above).

G. 14 C.F.R. 45.29: Size of Marks—prescribes, in pertinent part, that the registration 

marks for rotorcraft must be at least 12 inches high.

Near Earth requests an exemption from 14 CFR 45.29. The VAPOR 35/55 sUAS, due to 

its small size, does not have any surface area large enough to display marks that are 12 inches 

high. As a condition to the approval of exemption, however, Near Earth is willing to affix an 

aircraft mark to the main frame of the sUAS. The size of the marking will be determined by the 

mainframe size. 

H. 14 CFR 61.113(a) and (b) Private pilot privileges and limitations: Pilot in 

command—prescribe that (a) No person who holds a private pilot certificate may act 

as a pilot in command (PIC) of an aircraft that is carrying passengers or property for 

compensation or hire; nor may that person, for compensation or hire, act as the PIC of 

an aircraft; (b) A private pilot may, for compensation or hire, act as PIC 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.

Near Earth requests an exemption from 14 C.F.R. 61.113. Under § 61.113 (a) and (b) 

private pilots are limited to non-commercial operations. However, the Near Earth PIC can 

achieve an equivalent level of safety as achieved by current regulations because the VAPOR 

35/55 sUAS does not carry any pilots or passengers. Furthermore, a pilot license does not ensure 

adequate remote control piloting skills; only RC operating experience can establish such skills. 

For conducting safe sUAS operations, it is more important that the PIC of the sUAS be 

experienced, particularly with the sUAS at issue, than for the PIC to have a pilot’s license. The 

PICs operating under this exemption will be experienced. Near Earth has demonstrated that its 

PICs hold, at minimum, a recreational pilot’s license, and have flown numerous practice flights 

in remote areas as a hobbyists simulating flights for future commercial use to gain familiarization 

with the characteristics of the sUAS performance under different temperature and weather 

conditions. The Near Earth PICs also practices computerized simulated flights to maintain 

adequate skills and response reflex time. Finally, the Near Earth PICs have many years of 

recreational sUAS flight experience and a deep knowledge of sUAS systems, and, therefore, 

meet or exceed the present level of safety envisioned under this Section. 
24

Near Earth recognizes that the FAA, in addressing other Section 333 exemption requests, 

has made it clear that it does not have the requisite authority to exempt a petitioner from the 

statutory requirement to hold an airman certificate under 49 USC § 44711, and has found that a 

pilot certificate would ensure that a PIC passes the security screening of the Department of

Homeland Security. In April 2015, however, the FAA relaxed its position and changed the 

Section 333 exemption request process to allow PICs with sport or recreational pilot licenses to 

conduct sUAS operations such as those help by Near Earth PICs. The FAA also eliminated the 

need for a PIC to hold a third class medical certificate.

If the FAA is unwilling to grant Near Earth’s request for a full exemption from 14 C.F.R. 

61.113, Near Earth asks that the FAA grant it the same relief that it has granted to other 

petitioners who presented substantially similar facts to those of Near Earth. See Exemption Nos. 

11109, 11114, 11062, 11136, 11138, referenced above, and the FAA’s recently publicized changes 

to the Section 333 Exemption request process. For example, in the Trudeau Exemption, the FAA 

required the PIC to obtain at minimum, a private pilot license and outlined a training program to 

substantiate the PICs experience. Near Earth has already adopted the same training program.

I. 14 CFR Part 67 Medical Standards and Certification—gives the FAA the 

authority to issue the necessary medical standards and certifications for pilots. FAA 

Notice 8900.227, paragraph 16.c.(4) PIC Medical, states, in pertinent part, that the 

PIC must maintain, at a minimum, a valid FAA second-class medical certificate 

issued under 14 CFR Part 67, Medical Standards and Certification, or the FAArecognized equivalent. Paragraph 16.e.(1) of the same Notice requires, in pertinent 

part, that all observers must have a valid FAA second-class medical certificate issued 

under part 67; an FAA-recognized equivalent is an acceptable means of 

demonstrating compliance with this requirement. The FAA notes that the notice 

referenced above is now incorporated into FAA Order 8900.1, vol. 16, ch. 4., sec. 1.

Near Earth requests an exemption from FAA Notice 8900.227, paragraph 16.c.(4) and 

16.e.(1) which requires that a PIC require a valid FAA second-class medical certificate under 14 

CFR 67. Near Earth’s currently contemplated PICs currently hold a valid FAA medical 

certificate. Notwithstanding the foregoing, Near Earth respectfully submits that a second-class 

medical certificate is unwarranted in this instance because (i) the sUAS is no different a model 

aircraft, weighs less than 55 lbs. including payload, and will not carry any pilot or passengers, 

(ii) the area of operation is controlled and restricted, and (iii) all flights will be planned and 

coordinated in advance with an auto-pilot feature and fail-safe programs to account for user 

error. There is little chance that the medical condition of the PIC will affect the VAPOR 35/55 

sUAS operations in any unsafe or damaging way. 

More importantly, in light of the FAA’s recent decision to allow PICs to operate sUAS 

with only a driver’s license and without a third class medical certificate, Near Earth asks that the 

FAA grant it the same relief from FAA Notice 8900.227, paragraph 16.c.(4) and 16.e.(1), that it 

has granted to other petitioners who presented substantially similar facts to that of Near Earth. 

J. 14 CFR 91.7(a) Civil aircraft airworthiness—prescribes that no person may 

operate a civil aircraft unless it is in an airworthy condition.
25

Near Earth requests an exemption from 14 CFR 91.7(a). Currently there is no standard 

for determining the airworthiness of a sUAS, and no airworthiness certificate can be issued for 

the VAPOR 35/55 sUAS should this exemption be granted. 

An equivalent level of safety is met, given the size, weight, and performance 

specifications of the VAPOR 35/55 sUAS, as well as the requirements contained in the flight 

operations described above, including the maintenance procedures and use of safety check lists 

prior to each flight that have been submitted as part of the CONFIDENTIAL Supplement. 

K. 14 CFR. 91.9(b)(2) Civil aircraft flight manual, marking, and placard 

requirements—prescribes, in pertinent part, that no person may operate U.S.-

registered civil aircraft 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. Approvals are granted under 14 CFR 91.203 (a) 

and (b).

Near Earth requests an exemption from 14 CFR 91.9(b)(2). First, there is currently no 

approval process for Airplane or Rotorcraft Flight Manuals. Second, the FAA has previously 

determined that relief from this section is not required, provided that relevant materials are kept 

in a location accessible to the PIC in compliance with the regulations. See the Trudeau 

Exemption at pg. 17. Near Earth has provided a flight operations manual and relevant materials 

for use during the sUAS operations, which it requires to be readily accessible to the PIC and VO 

during all sUAS operations. 

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

requirements—prescribes that “(c) No person may operate a U.S.-registered civil 

aircraft unless that aircraft is identified in accordance with part 45 of this chapter.”

Near Earth requests an exemption from 14 CFR 91.9(c). As previously stated, there is no 

current registration process for sUAS; and the VAPOR 35/55 sUAS, due to its small size, does 

not have room to contain fireproof placard or to display aircraft marks in a conventional size. 

However, as a condition to the approval of petition, Near Earth is willing to affix an 

appropriately sized aircraft mark to the mainframe of the sUAS, if necessary. 

M. 14 CFR 91.103(b)(2) Preflight action—prescribes that each PIC 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; and (2) For civil aircraft other than those specified in paragraph 

(b)(1) of this section, other reliable information appropriate to the aircraft, relating to

aircraft performance under expected values of airport elevation and runway slope, 

aircraft gross weight, and wind and temperature.

Near Earth requests an exemption from 14 CFR 91.103(b)(2). Currently, there is no 

approval process for Airplane or Rotorcraft Flight Manuals. However, the Near Earth PIC will, 

prior to conducting any sUAS operations, become familiar with all available information 

concerning that flight. Such actions, described at length in this Petition, will include reviewing 

weather conditions and visibility, flight battery life, landing and takeoff distances, and all other 
26

aircraft performance data prior to any sUAS operations. The flights of the VAPOR 35/55 sUAS

will only be conducted at APS, with the PIC and VO having extensive knowledge of the 

operating environment. 

N. 14 CFR 91.109 Flight instruction; Simulated instrument flight and certain flight 

tests—prescribes, in pertinent part, 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.

Near Earth requests an exemption from 14 CFR 91.109. Remotely piloted aircraft, 

including the VAPOR 35/55 sUAS, are designed and constructed without dual controls. Flight 

control will be accomplished through the use of a control box that communicates with the 

aircraft via radio communications. The equivalent level of safety is provided by the limited size 

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

aircraft. Moreover, the VAPOR 35/55 sUAS has a control system with four modes that allows for 

varying mission control to achieve maximum safety and controlled operation of the VAPOR 

35/55 sUAS. 

O. 14 CFR 91.119 Minimum safe altitudes: General—prescribes that, except when 

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

following altitudes: (a) Anywhere. An altitude allowing, if a power unit fails, an 

emergency landing without undue hazard to persons or property on the surface. (b) 

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

any open-air assembly of persons, an altitude of 1,000 feet above the highest obstacle 

within a horizontal radius of 2,000 feet of the aircraft. (c) Over other than congested 

areas. An altitude of 500 feet above the surface, except over open water or sparsely 

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

to any person, vessel, vehicle, or structure. (d) Helicopters, powered parachutes, and 

weight-shift-control aircraft. If the operation is conducted without hazard to persons 

or property on the surface ... (1) A helicopter may be operated at less than the 

minimums prescribed in paragraph (b) or paragraph (c) of this section, provided each 

person operating the helicopter complies with any routes or altitudes specifically 

prescribed for helicopters by the FAA; and (2) A powered parachute or weight-shiftcontrol aircraft may be operated at less than the minimums prescribed in paragraph 

(c) of this section.

Near Earth requests an exemption from 14 CFR 91.119. Near Earth will not operate the 

VAPOR 35/55 sUAS at an altitude higher than 400 feet AGL. Furthermore, while Near Earth

will not be operating over any congested areas, the sUAS will necessarily be flown within 500 

feet of the structures it will be examining. 

The requirements set out in this petition for the sUAS operations contemplated by Near 

Earth provide for an equal or greater level of safety than that which would be provided by the 

operation of manned aircraft maintaining a distance of at least “500 feet to any person, vessel, 

vehicle, or structure,” in light of the small size and relatively light weight of the sUAS, the close 

monitoring of the flight by both the PIC and the secondary ground crew member, the remote and 

secured nature of the operating environment, and the other detailed operating limitations 

described in this Petition. 
27

P. 14 CFR 91.121 Altimeter settings—prescribes, in pertinent part, 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.”

Near Earth requests an exemption from 14 CFR 91.121. Near Earth will not operate the 

VAPOR 35/55 sUAS above 400 feet AGL, nor will it operate the sUAS at a sustained cruising 

altitude like a manned aircraft. The laptop used in the ground station has live feedback 

information about the sUAS operation, including but not limited to, the altitude of the sUAS, its 

forward velocity, and the compass heading. The PIC will be able to observe and control the 

maximum altitude of the sUAS at all times. Additionally, the sUAS will be operated within the 

line of sight. For all these reasons, an equivalent level of safety to that contemplated by Section 

91.121 will be provided. 

Q. 14 CFR 91.151(a) Fuel requirements for flight in VFR conditions—prescribes that 

no person may begin a flight in an airplane under visual flight rules (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.

Near Earth requests an exemption from 14 CFR Part 91.151(a). The VAPOR 35/55 sUAS

will be operated in a manner that is at least as safe as the operation of a manned aircraft 

complying with Part 91.151(a) because the sUAS will only be flown in daylight, and the short 

distances over which the sUAS will be operated (substantially less than one mile) will allow the 

sUAS to be flown to a safe landing point within the area of operation in a short period of time. 

During the entire pre-programmed flight, the PIC will always have a visual line of sight 

and be prepared to take over. The PIC’s GCS has a flight count down timer, which is set to a 

minimum of 25% battery reserve; more than enough to safely fly the sUAS back to the 

designated “home” area. 

Given the limited size and speed of the sUAS, its ability to land safely almost anywhere, 

the fact that it will be under the PIC and VO’s visual observation at all times, and will be 

operated in a tightly controlled area, where all people other than the PIC and VO will be 

removed before flight, permitting its operation with less than 30 minutes of reserve “fuel” 

(battery life) does not engender the type of risks that Section 91.151(a) was intended to alleviate. 

R. 14 CFR 91.203(a) and (b) Civil aircraft: Certifications required—. Section 

91.203(a) prescribes, in pertinent part, that no person may operate a civil aircraft 

unless it has within it—(1) An appropriate and current airworthiness certificate; and 

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

within the United States, the second copy of the Aircraft Registration Application as 

provided for in § 47.31(c). Section 91.203(b) prescribes, in pertinent part, that no 

person may operate a civil aircraft unless the airworthiness certificate 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.

Near Earth requests an exemption from 14 CFR 91.203(a) and (b). First, there currently
28

are no procedures set forth by the FAA for providing airworthiness certificates for sUAS. As a 

condition to the approval of exemption, however, Near Earth will display on the sUAS a 

registration certificate or equivalent that is issued by FAA pursuant to this petition at the ground 

point control, where the operator will have immediate access to it. 

Second, the UAV that Near Earth will use weighs less than 55 pounds, and has an 

equivalent, if not greater, level of safety as manned aircraft with an airworthiness certificate. The 

flight controller and GCS provides a number of safety features in addition to acting as the 

command and sUAS controller. Because of the use of GPS with the sUAS, the operator will set 

the initial location of flight takeoff (“Home” Waypoint) and if the radio control link is broken, 

the flight controller will recognize this broken control link and cause the UAV to automatically 

return to the Home waypoint as recorded by the GPS instrumentation. 

In the restricted environment and under the conditions proposed, operation of the sUAS 

will be at least as safe as a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate, but without the restrictions and conditions proposed by Near Earth. 

Near Earth will not accept assignments from clients who are within 5 miles of controlled 

airspace without first gaining written and/or oral permission from air traffic control (ATC), and 

obtaining a letter of agreement from airport management. 

The VAPOR 35/55 sUAS to be operated hereunder is less than 55 pounds inclusive of 

batteries and technical payload, carries neither a pilot nor passengers, and carries no explosive 

materials or flammable liquid fuels. The VAPOR 35/55 sUAS will be tightly controlled and 

monitored by the PIC and VO, and under the requirements and in compliance with local public 

safety requirements, to provide security for the area of operation. The FAA will have advance 

notice of all operations. These safety enhancements provide a greater degree of safety to the 

public and property owners than conventional operations conducted with airworthiness 

certificates. Lastly, application of these same criteria demonstrates that there is no credible threat 

to national security posed by the VAPOR 35/55 sUAS, due to its size, speed of operation, 

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

a substantial payload. 

S. 14 CFR 91.405(a) Maintenance Required, 91.407(a)(1) Operation after 

maintenance, preventive maintenance, rebuilding, or alteration, 91.409(a)(2) 

Inspections, 91.-417(a) and (b) Maintenance Records—Section 91.405(a) 

prescribes, in pertinent part, that each 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, Maintenance, Preventive, Maintenance, Rebuilding, 

and Alteration. Section 91.407(a)(1) prescribes that no person may operate any 

aircraft that has undergone maintenance, preventive maintenance, rebuilding, or 

alteration unless it has been approved for return to service by a person authorized 

under § 43.7 of this chapter. Section 91.409(a)(2) prescribes, in pertinent part, that no 

person may operate an aircraft unless, within the preceding 12 calendar months, it has 

had an inspection for the issuance of an airworthiness certificate in accordance with 

part 21. Section 91.417(a) and (b) prescribe, in pertinent part, that ... (a) 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 
29

other required or approved inspections, as appropriate, for each aircraft (including the 

airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records

will include ... (i) a description (or reference to data acceptable to the Administrator) 

of the work performed; (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 that 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) 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 shall be retained 

until the defects are repaired and the aircraft is approved for return to service.

Near Earth requests an exemption from 14 CFR 91.405(a), 91.407(a)(1), 91.409(a)(2), 

91.-417(a) and (b). Near Earth respectfully submits that it has demonstrated in its Petition that 

the capability of the PIC and sUAS operators to maintain and repair the VAPOR 35/55 sUAS

meets Section 333’s requirement for an equivalent level of safety. The PIC will perform routine 

maintenance and inspection of the VAPOR 35/55 sUAS and be authorized to approve the 

VAPOR 35/55 sUAS for return to service. Additionally, the PIC will ensure that the VAPOR 

35/55 sUAS is in an airworthy condition prior to any flight, and will conduct detailed inspections 

pursuant to the maintenance manuals. Detailed inspection records will be kept at all times by

Near Earth. Given the size, construction, and simplicity of the VAPOR 35/55 sUAS, an 

equivalent level of safety is provided. 

X. Certificate of Authorization or Waiver

This exemption request is a prerequisite to Near Earth’s application for a commercial 

COA to use the VAPOR 35/55 sUAS for the purpose of demonstrating its products and services 

in connection with marketing and sales to customers interested in aerial acquisition and 

monitoring of secure project sites, including without limitation construction, excavation, 

transportation infrastructure, mining, and oil and gas sites. 
30

XI. Conclusion

Near Earth respectfully submits that it has demonstrated that (i) the VAPOR 35/55 sUAS 

is safe, reliable, and will satisfy the FAA’s airworthiness assessment, (ii) the PIC and VO have 

the requisite knowledge and experience to ensure the safe operation of the VAPOR 35/55 sUAS, 

(iii) Near Earth has provided and will comply with the operation procedures and parameters that 

further ensure safe sUAS operations in the NAS, removing any legitimate threat of harm to 

humans and property, including other manned aircraft, and (iv) Near Earth’s proposed 

operations, which include without limitation, the use of the VAPOR 35/55 sUAS to demonstrate 

its products and services for use in aerial data acquisition, monitoring, mapping, and surveying 

of secure project sites for the benefit of a variety of industries, achieve a level of safety equal to 

or greater than that which would be achieved by flying a larger manned aircraft carrying crew 

and flammable fuel for the same purposes. In addition, permitting use of the VAPOR 35/55 

sUAS will achieve various economic and environmental benefits, as well as significant 

efficiencies, associated with cost, labor, and safety, that serve the public interest.

Near Earth asks that the FAA grant its request for exemption from the above described 

FARs under Section 333, and approve its operation of the VAPOR 35/55 sUAS in the national 

airspace in accordance with the limitations and restrictions set forth herein.