300 S Wells Ave Ste 7A 

E-mail: Kris@thezaplab.com

Website: www.thezaplab.com

Phone: (775) 771-8830

Date: March 4th, 2016 

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590

Petition of The ZAPlab INC for Exemption Pursuant to Section 333 of the 

FAA Reform Act 

Attn: To whom it may concern: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 

(the Reform Act) and 14 C.F.R. Part 11, The ZAPlab INC, operator of small 

unmanned aircraft systems (“sUAS”) equipped to conduct aerial photography 

and videography, hereby applies for an exemption from the listed Federal 

Aviation Regulations (“FARs”) to allow commercial operation of its sUAS, so 

long as such operations are conducted within and under the conditions 

outlined herein or as may be established by the FAA as required by Section 

333.1. 

As described more fully below, the requested exemption would permit the 

operation of small, unmanned and relatively inexpensive sUAS under 

controlled conditions in airspace that is 1) limited 2) predetermined and 3) 

controlled. The proposed exemption, if granted, would allow The ZAPlab INC 

to conduct commercial operations of small unmanned aircraft systems 

(“sUAS”) meeting or exceeding all of the operational and safety requirements 

Congress has set forth in Section 333. 
The ZAPlab INC is a media company that plans to exploit the capabilities of 

unmanned aerial systems to offer a multitude of photography and 

videography services, including:

● Residential and commercial real estate

• Web and commercial videos

● Nature & wildlife 

● Wedding videography

● Special events 

● Surveying and mapping 

● Golf courses 

● Educational and research applications

Statutory Authority

Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems”, 

provides a 

mechanism for seeking expedited FAA authorization of safe civil sUAS 

operations in the NAS. Section 333(a) states that the FAA “shall determine if 

certain unmanned aircraft systems may operate safely in the national airspace 

system before completion of the (comprehensive) plan and rulemaking 

required by section 332 (b) (1) of this Act or the guidance required by section 

334 of this Act.” In Section 332(b)(1), Congress made it clear that Section 333 

provides a mechanism for “expedited operation authorization” if several 

factors are met. Petitioner meets all requirements to permit FAA approval of 

commercial sUAS operations. 
The Petitioner Requests Relief From the Following: 

Regulations from which the exemption is requested: 

● 14 C.F.R. Part 21 

● 14 C.F.R. 45.23 (b) 

● 14 C.F.R. 61.113(a) and (b) 

● 14 C.F.R. 91.7 (a) 

● 14 C.F.R. 91.9 (b) (2) 

● 14 C.F.R. 91.109 

● 14 C.F.R. 91.119 

● 14 C.F.R. 91.121 

● 14 C.F.R. 91.151(a) 

● 14 C.F.R. 91.203 (a) & (b) 

● 14 C.F.R. 91.205 (b) 

● 14 C.F.R. 91.215 

● 14 C.F.R. (91.401 - 91.417)

Unmanned Aircraft System sUAS are oftentimes seen as superior to 

helicopters due to the smaller devices cheaper equipment and personnel cost, 

reduced noise and as such, a much smaller environmental impact which 

promotes public safety. 

We are petitioning for exemption to enable The ZAPlab INC to operate a 

Yuneec Q500 which is equipped with a gimbal and HD camera. This sUAS has 

a built-in capability to limit the height it flies above the ground, to limit the 

radius of the distance it flies from the operator and to exclude it from Class B, 

C and D airspace including a no fly zone feature. The Q 500 also has the 

failsafe function of autopilot system, which means that if the communication 

between the main controller and the transmitter is disconnected the system 

will automatically trigger “Return to Home” and land safely. The above 

specifications meet with the Model Aircraft Operating Standards as set below:

● The ZAPlab INC will only operate its sUAS in line of sight of a pilot and/or 

observer and will operate at sites that are a 'sufficient distance' from 

populated areas within the sterile area described in the FOPM. Such operations 

will insure that the sUAS will not create a hazard to users of the national 

airspace system or the public.

● When flying sUAS within 5 miles of an airport, airport operators will be 

notified and 

the operator will give the right of way to avoid flying in the proximity of fullscale 

aircraft. 

● Maximum flight time for each operational flight will be 30 minutes. 

● Flights will be terminated at 25% battery power reserve should that occur 

prior to the 30 minute limit. 
● The sUAS will be programmed so that it will not be operated at an altitude of 

no more than 400 feet AGL, and not more than 200 feet above an elevated 

platform from 

which filming is planned. 

● Minimum crew for each operation will consist of the sUAS pilot and visual 

observer. 

● The sUAS operated by the petitioner weighs less than 55 pounds, including 

the 

payload (i.e. camera, lens, and gimbal). 

● The sUAS will operate at speeds of no more than 50 knots, can hover, and 

can 

simultaneously move vertically and horizontally. 

Given the small size of the sUAS and the restricted sterile environment within 

which they will operate, our sUAS operations adhere to the Reform Act's 

safety requirements. The sUAS, powered by batteries, is smaller, lighter and 

more maneuverable than larger aircraft running on combustible fuel, it 

operates at lower altitudes with no people on board and will thereby reduce 

current risk levels and thereby enhance safety and diminish the likelihood of 

death or serious bodily injury. With a small payload and maximum flight time 

of only 30 minutes, this offers little or no risk to national security. Low level 

oblique photos and video from several angles are far more effective than 

ground based imagery for displaying the characteristics of large, complex 

properties with several buildings and large trees. The benefits of reduced cost 

and improved quality of presentation from the sUAS will be valuable to and 

benefit many buyers and sellers of real estate property. 

The ZAPlab INC will remain a subject to all limitations cited in this application.

A. No flight will be made with a Gross weight exceeding 55 pounds; 

B. All operations must occur in FAA Class G airspace at no more than 400 ft 

AGL, at an airspeed of no more than 25 knots and no further than 3/4 NM from 

the PIC; 

C. All operations must utilize a visual observer (VO). The VO and PIC must be 

able to 

communicate by voice at all times during a flight operation; 

D. Operations will be restricted to flights over private property with the 

permission of the property owner; 

E. All required permits will be obtained from state and local government prior 

to 

operation; 

F. The ZAPlab INC will not be operate over densely populated areas; 

G. The ZAPlab INC will not be operating over any open-air assembly of people; 

H. The ZAPlab INC will not be operating over heavily trafficked roads; 

I. The ZAPlab INC will not be operating within 5 NM of an airport or heliport; 
We respectfully request exemption under Section 333 to enable The ZAPlab 

INC to operate efficient, limited, low-risk commercial sUAS operations for the 

activities stated respecting at all times the space and privacy of citizens and 

property whilst keeping our skies safe. 

Sincerely, 

Kristofor Swanson

The ZAPlab INC 

300 S. Wells Ave Ste 7A

E-mail: Kris@thezaplab.com 

Website: www.thezaplab.com 

Phone: (775) 771 8830

_______________________________________
EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

The ZAPlab INC requests an exemption from the following regulations as well 

as any additional regulations that may technically apply to the operation of the 

sUAS System:

14 CFR Part 21, Airworthiness Certificates 

This part establishes the procedures for the issuance of an airworthiness 

certificate. While the FAA continues to work to develop airworthiness 

standards for unmanned aerial systems, we request an experimental certificate 

be issued for the Yuneec Q500 under either or both of the following 

provisions: 

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 

61.133 Commercial pilot privileges and limitations. The regulation provides 

that no person that holds a Private Pilot certificate may act as Pilot in 

Command (PIC) of an aircraft for compensation or hire. Subparagraph (b) 

allows a private pilot to 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. Our proposed operations require that the PIC must hold 

at least a Private Pilot Certificate issued by the FAA and since the aircraft 

cannot carry passengers or property, we feel we meet the intent of 61.113 

Subparagraph (b) even though the intent of this application is to conduct a 

business.

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness 

certificate. As no such certificate will be applicable in the form contemplated 

by the FARs, this regulation is inapplicable. 

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a 

current, approved flight manual is in the aircraft. We assume that the intent of 

this requirement is to ensure that flight manual information is available to the 

aircrew while operating the aircraft. We request an exemption to this 

requirement since the aircraft is not only too small to carry documentation, the 

documentation would not be available to the crew during flight operations. To 

obtain an equivalent level of safety and meet the intent of 91.9, we propose 

that a current, approved sUAS Flight Manual must be available to the crew at 

the ground station anytime the aircraft is in, or preparing for, flight.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain 

flight tests.The regulation states that "No person may operate a civil aircraft 

that is being used for flight instruction unless that aircraft has fully functioning 

dual controls." The sUAS System ground-based control station consists of a 

small hand-held radio transmitter and while it does not offer a second set of 
"controls", both the student and instructor can, and will, operate the single set 

of controls simultaneously. With both student and instructor having "handson" the controls during flight, we feel that this technique meets the intent 

91.109 and provides an equivalent level of safety.

91.119 Minimum safe altitudes: General. The regulation states that over 

sparsely populated areas the aircraft cannot be operated closer than 500 feet 

to any person, vessel, vehicle, or structure. Since the typical mission of the 

sUAS would be photography or survey of persons, vessels, vehicles or 

structures it would be necessary to operate closer than 500 feet to the items 

listed. Operations will only be flown over property or persons where 

permission has been obtained and careful pre-planned has been performed. 

The aircraft will be operated at a low altitude allowing, if a power unit fails, an 

emergency landing without undue hazard to persons or property on the 

surface. Therefore we maintain that due to the small size of the sUAS, the 

hazard to persons, vehicles and structures is minimal compared to manned 

aircraft, which should be considered in granting the exemption.

CFR 91.121 Altimeter settings. The regulation requires that aircraft shall 

maintain cruising altitudes by reference to an altimeter setting available within 

100 NM of the aircraft. The sUAS will always fly below 400 feet AGL and will 

not need to maintain cruising altitudes in order to prevent conflict with other 

aircraft. An Above Ground Level altimeter measurement above the takeoff 

point is transmitted via radio from the sUAS on-board computer to the display 

screen held by the PIC, providing a constantly updated AGL readout.

14 CFR 91.151 Fuel requirements for flight in VFR conditions. The regulation 

provides that no person may begin a flight in an airplane under day-vFR 

conditions unless there is enough fuel to fly to the first point of intended 

landing and to fly after that for at least 30 minutes. We feel the intention of 

this paragraph is to provide an energy reserve as a safety buffer for delays to 

landing. The sUAS is battery operated and the maximum duration of flight 

from a single battery charge is 12 minutes with a 20% reserve. Since the 

aircraft will never fly more than 3f4 NM from the point of intended landing, a 

full battery charge at launch will ensure that we meet the reserve energy 

requirement of this paragraph. We request an exemption to the word "fuel" 

and ask for an equivalent interpretation with the word “energy".

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required. The regulation 

provides that an airworthiness certificate, with the registration number 

assigned to the aircraft and a registration certificate must be aboard the 

aircraft. Additionally, subparagraph (b) provides that the airworthiness 

certificate be "displayed at the cabin or cockpit entrance so that it is legible to 

passengers or crew." At a maximum gross weight of 3 pounds, the sUAS is too 

small to carry documentation, does not have an entrance, and is not capable of 

carrying passengers or crew. To obtain an equivalent level of safety and meet 
the intent of 91.203, we propose that documents deemed appropriate for this 

aircraft by the FAA will be co-located with the crew at the ground control 

station and available for inspection upon request. In order to identify the 

aircraft, we propose that the information found on airworthiness and 

registration certificates be permanently affixed to the aircraft via placard 

containing the following information. 

14 CFR Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance, 

Alterations. The regulation provides that the operator is primarily responsible 

for maintaining the aircraft in an airworthy condition, including compliance 

with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be 

"approved for return to service by a person authorized under 43.7" after 

maintenance and inspection. It is our intention that the PIC perform 

maintenance and inspection of the aircraft and "be authorized to approve the 

aircraft for return to service." The PIC will ensure that the aircraft is in an 

airworthy condition prior to every flight and in addition conduct detailed 

inspections after every two hours of flight. 

Maintenance performed by the PIC is limited to repairing small cracks, 

replacing a propeller, checking electrical connections and updating software 

and firmware for the on-board computer. All other maintenance will be 

performed by the manufacturer or their designated repair facility. The PIC will 

document work performed in accordance with 91.417. We feel that due to the 

size, construction, and simplicity of the aircraft, the PIC can ensure an 

equivalent level of safety. 

Safety and Benefits of the sUAS 

The ZAPlab INC will be using the sUAS in a variety of applications that 

generally require expensive full-size manned aircraft to complete. Small, light, 

unmanned aerial vehicles offer myriad benefits over the use of full-sized 

manned aircraft for electric power line inspection, oil/gas pipeline inspection, 

advanced agriculture, film and still photography, just to name few. Replacing 

significantly larger manned aircraft carrying crew and flammable fuel with 

sUAS carrying no passengers or crew creates a much greater margin of safety 

for the pilots and crew. 

By granting The ZAPlab INC’s requested exemptions, the FAA will help drive 

development of safe and successful commercial sUAS operations and will 

advance the public knowledge base for such operations. The ZAPlab INC is 

committed to promoting the sUAS research efforts of policymakers including 

the FAA, NASA, DOD and DARPA by sharing data from its commercial sUAS 

operations and serving as a resource for future sUAS research operations. 

Thus, the FAA has good cause to grant this Petition. 
Conclusion 

As pointed out in this application, all the sUAS which our company would use, 

under authorization by the US DOT-FAA, are small, lightweight devices 

operated within the line of sight of the Pilot-in-Command (PIC), less than 400 

feet above the ground and outside 5 miles from any airport, heliport, seaplane 

base, spaceport, or other location with aviation activities, unless the air traffic 

control authorities (ATC) have been notified and have authorized each flight 

within a radius of this distance.

All our sUAS have proven capability for controlled flight. They are devices 

offered for general sale on the market around the world and have often been 

used as Model Aircraft in the USA. We are certain that the studies conducted 

until now by the FAA, about Section 332, Public Law 112-95, 2014, have already 

provided you with the assurances on the airworthiness of sUAS such as ours. 

For the foregoing reasons, the exemptions requested herein should be granted 

and The ZAPlab INC should be permitted to conduct sUAS operations in 

accordance with its manuals and all other operating parameters deemed 

necessary and appropriate by the FAA. The submission of this application and 

its contents is the best demonstration that indeed it is possible to pursue the 

authorization process so that some sUAS may be used for legitimate 

commercial activities and under reasonably safe conditions. 

300 S Wells Ave STE 7A

E-mail: Kris@thezaplab.com 

Website: www.thezaplab.com 

Phone: (775) 771-8830