June 18, 2015

Exemption No. 11855

Regulatory Docket No. FAA–2015–1163

Mr. Stephen Elms

US Drone Aviation LLC

P.O. Box 7998

Jackson, WY 83002

Dear Mr. Elms:

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

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

including the date it ends.

By letter dated April 15, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of US Drone Aviation LLC (hereinafter petitioner or operator) for an exemption. The 

petitioner requested to operate an unmanned aircraft system (UAS) to conduct commercial 

operations for inspections, surveying, and conservation reviews.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

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

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner are the DJI Phantom, DJI S1000, 3DRobotics X8+, and 

3DRobotics X-8M.
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The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

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

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

consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

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

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

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

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

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

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

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

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

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

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

delegated to me by the Administrator, US Drone Aviation LLC is granted an exemption from 

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

91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to 

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. 

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

Conditions and Limitations

In this grant of exemption, US Drone Aviation LLC is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom, DJI 

S1000, 3DRobotics X8+, and 3DRobotics X-8M when weighing less than 55 pounds 

including payload. Proposed operations of any other aircraft will require a new 

petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

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

(AGL). Altitude must be reported in feet AGL.

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

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

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

U.S. driver’s license.

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

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

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

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

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

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 
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documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

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

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

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

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

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

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

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

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 
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government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

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

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

operated under this exemption, including evasive and emergency maneuvers and 

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

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

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

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

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

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

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

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

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

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

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 
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exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

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

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

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

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

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

official upon request.

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

activities at all times. 

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

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

persons, vessels, vehicles, and structures unless:

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

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

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

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

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

of nonparticipating persons; and

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

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

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

nonparticipating persons under this exemption.

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

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

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

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

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 
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reported to the National Transportation Safety Board (NTSB) per instructions 

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

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
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This exemption terminates on June 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
April 15 2015

US DRONE AVIATION LLC 

U.S. Department of Transportation,

Docket Management System,

1200 New Jersey Avenue SE,

Washington, DC 20590 

RE: Exemption Request Section 333 of the FAA Reform Act

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, 

US Drone Aviation, LLC a Wyoming Corporation, hereby applies for an exemption from Federal 

Aviation Regulations (FARs) identified below, to allow commercial operations of small 

unmanned aerial system (i.e., sUAS). 

We have enclosed US Drone Aviation’s Flight Operations Operations Manual1, the sUAS 

manufacturer's operations flight, instruction manual, and maintenance manuals and any other 

requirements established by the FAA pursuant to Section 333 of the Reform Act. 

The requested exemption would permit US Drone Aviation to pursue its commercial interests in 

providing services to clients using small advanced sUAS in rural or sparsely populated Wyoming,

with particular focus on the following commercial areas: 

• Oil and Gas Infrastructure Monitoring and Inspection Services 

• Mining Inspections 

• Aerial Surveying 

• Industrial Facilities Inspections 

• Conservation Reviews

• General Video and Photography assignments

• Inspection of Power and Wind Towers

In addition to the waiver authority provided in Section 333 of the Modernization Act, the FAA 

may grant an exemption under 49 U.S.C. Section 44701(f) if it has determined that such an 

exemption is in the public interest. 

Granting an Exemption is in the Public Interest.

Oil and gas personnel routinely inspect well heads, flare stacks and underlying infrastructure, 

such as pipelines. At present, primarily personnel in motor vehicles, or on foot do this work. 

While the oil and gas industry does all it can to make these inspections as safe as possible, there is 

always an element of risk involved whenever employees are required to inspect structures. 

Personnel may need to climb over or onto structures, which can be slippery, rough, and/or 

exposed to the elements. Some structures, such as Flare stacks, are high above the ground and 

require costly “shut downs” for inspections. The use of sUAS for infrastructure and general asset 

evaluation would reduce the risks to personnel by allowing for remote aerial review. 

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 1 US Drone Aviation submits the US Drone Aviation Flight Operations Manual as a Confidential document under 14 CFR §11.35(b), 

the entire content of the Manual contain confidential commercial and proprietary information that US Drone Aviation has not and will 

not share with others. This Manual contains operating procedures and training procedures that are not available to the public and are 

protected from release under the Freedom of Information Act, 5 USC § 552 (b) (4).
Additionally, the sheer amount of Oil and Gas assets and the widely dispersed locations – in 

many instances far from sizeable population centers – means that visual inspection in all instances 

by company personnel can be inefficient. For example, Oil and Gas infrastructure in the Upper 

Green River Basin of Western Wyoming cover 100,000’s of acres, remote from qualified 

analysts. Aerial analysis by traditional fixed wing aircraft is impractical because the required 

altitudes for safe flight reduce visibility below meaningful levels – it is simply not possible to see 

all asset anomalies from such heights, plus it is cost prohibitive. By using sUAS for asset 

evaluation, US Drone Aviation will be able to substantially upgrade the industry’s capacity to 

detect and address issues expeditiously and in a safer manner. Thus, the use of sUAS has the 

potential to improve efficiency, resulting in faster and safer delivery of oil and gas, vital to the 

U.S. economy. 

Regulations from which exemption is requested: 

14 C.F.R. Part 21

14 C.F.R. 45.23(b)

14 C.F.R. 61.113(a) & (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. 91.401 – 91.417 

An exemption would allow US Drone Aviation to broadly evaluate assets and operations with 

sUAS, resulting in a safer and more efficient inspection and monitoring regime in the resource 

industries. Accordingly, the grant of an exemption is consistent with Congress’ intent, reflected in 

Section 333 of the FAA Modernization and Reform Act of 2012 (Modernization Act), that safe 

systems be permitted in the national airspace prior to the issuance of final regulations governing 

general use of these systems

This exemption would permit commercial operation by US Drone Aviation, which uses DJI 

Phantom, DJI S-1000, 3D Robotics 8+ & 8M sUAS’ to conduct infrastructure inspections of oil 

and gas facilities and other inspections of infrastructure in the resource and communications

industries in sparsely populated areas of Wyoming. USDA’s operation under the exemption will 

be subject to strict operating requirements and conditions to ensure an equivalent level of safety 

to currently authorized operations using manned aircraft and under conditions as maybe modified 

by the FAA as required by Section 333.

US Drone Aviation states that all sUAS flights will occur over private or controlled access 

property, will do so with the property owner’s consent and knowledge, and only people who have 

consented or agreed will be in the area where flights will take place. 

Furthermore the petitioner will only operate its sUAS in line-of-sight ( VLOS) of a pilot and/or 

observer and will operate at sites in Wyoming that are ‘sufficient distance’ from populated areas 

within the sterile area described in the US Drone Aviation’s Operating Manual. Such operations 

will ensure that the sUAS will “not create a hazard to users of the national airspace system or the 

public.” 

Additionally, US Drone Aviation’s crew will consist of a sUAS pilot who will hold a FAA 

Private Pilots License with a Class III Medical Certificate. plus an Observer ( VO). If observers 
are not qualified pilots, they will attend a ground school to understand the proper roles of an 

observer, communication procedures, and proper visual scan techniques, operations at nontowered airports and appropriate sections of the Aeronautical Information Manual (AIM).

In keeping with previous exemptions granted, we will ensure that operations will not occur within 

5 miles of an airport. The sUAS operated by US Drone Aviation all weigh less than 25 pounds, 

including payload (i.e. sensors, camera, lens, and stabilized gimbal), and operate at speeds below 

50knots, and will not be operated at altitudes that exceed 400 feet AGL.

Given the small size of the sUAS and the restricted sterile environment within which it will 

operate, US Drone Aviation’s operations adhere to the Reform Act’s safety requirements. The 

fact the pilot holds an FAA Private Pilot license demonstrates US Drone Aviation’s high regard 

for safe operations with an understanding of FARs, pre- flight inspections, knowledge of 

operations and differences in airspace classifications, maintenance and repair, as well as being 

trained to high safety standards. Under the requested exemption, US Drone Aviation ensures all 

crews have completed sUAS education and training programs including all applicable regulations 

and guidance documents; including aeronautical background information such as charts, 

NOTAMS and Aircraft Circulars; Radio Communications Procedures; Human Factors and Crew 

Resource Management; Basic sUAS Aerodynamics; Weather factors; Airmanship and Decisionmaking and Safe Operations Procedures. 

We respectively request exemption under Section 333 to enable US Drone Aviation 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 while keeping airspace safe. 

Sincerely

Stephen Elms 

US Drone Aviation LLC

P.O. Box 7998,

Jackson, WY 83002

(307) 264-2959

steve@USDroneAviation.com
EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

US Drone Aviation 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 1/ DJI Phantom 2, 2/ DJI S-1000 3/ 3D 

Robotics 8m, and 4/ 3D Robotics x8+ under either, or both, of the following provisions: 

21.191 Experimental certificates. Experimental certificates are issued for the following 

purposes:(a) Research and development. Testing new aircraft design concepts, new aircraft 

equipment, new aircraft installations, new aircraft operating techniques, or new uses for 

aircraft. (b) Showing compliance with regulations. Conducting flight tests and other operations 

to show compliance with the airworthiness regulations including flights to show compliance for 

issuance of type and supplemental type certificates, flights to substantiate major design changes, 

and flights to show compliance with the function and reliability requirements of the regulations. 

Since the experimental certificate can be used for commercial purposes such as market surveys, 

sales demonstrations, and customer crew training, we would expect that an experimental 

certificate would permit our commercial purpose as well. The aircraft will not carry persons or 

property, will not carry fuel, and will only fly under strict operational requirements. Combined 

with the UA’s lightweight, being constructed primarily of carbon fiber and plastic, we propose 

that the UA will be at least as safe, if not safer, than a conventionally certificated aircraft 

performing the same mission. If an experimental airworthiness certificate is not appropriate for 

this application, then we request an exemption of 14 CFR Part 21, Subpart H, and the requirement 

for an airworthiness certificate in general, citing the equivalent level of safety outlined in the 

previous paragraph. 

14 CFR 45.23 Display of marks; general and 45.29 Size of marks 

These regulations provide that each aircraft must display N and the aircraft’s registration number 

in letters at least 3 inches high. Additionally, the aircraft must display the word 

EXPERIMENTAL in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot 

station. The sUAV does not have an entrance in which the word EXPERIMENTAL can be 

placed, and may not have a registration number assigned to it by the FAA. We propose to achieve 

an equivalent level of safety by including the word EXPERIMENTAL in the placard on the top of 

the aircraft, as shown above, where the PIC, VO and others in the vicinity of the aircraft while it 

is preparing for launch will be able to see the designation. Additionally, we feel that the 

permanent placard discussed in the previous paragraph will provide the aircraft’s registration 

information at the ground station. Finally, we will display at the ground station a high contrast 

flag or banner that contains the words Unmanned Aircraft Ground Station in letters 3 inches high 

or greater. Since the aircraft will operate within VLOS or approx. 1500 feet of the ground station, 

the banner should be visible to anyone that observes the aircraft and chooses to investigate its 

point of origin. 

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 who holds a 

Private Pilot certificate may act as pilot in Command of an aircraft for compensation or hire. 

Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection 

with any business or employment if: (1) The flight is only incidental to that business or 

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

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, “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 groundbased control station consists of a 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 hands-on the controls during flight, 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 inspection, photography or survey at close range 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-planning 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 UAS, 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 sUAV 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 1500 feet 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 25 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 

plus the word EXPERIMENTAL to satisfy the requirement of 14 CFR 45.23. 

14 C.F.R. 91.205(b) Required Instruments.

This regulation provides for a minimum set of operational instruments for all powered aircraft 

operating VFR. The Command and Control station for the sUAS fulfills the operational 

equivalent.

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 performs 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. 
PUBLISHABLE SUMMARY 

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal 

Register, should it be determined that publication is needed: 

Applicant seeks an exemption from the following rules: 

14 C.F.R. Part 21

14 C.F.R. 45.23(b)

14 C.F.R. 61.113(a) & (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. 91.401 – 91.417 

US Drone Aviation proposes to operate commercially a small unmanned aircraft system (sUAS) 

(25lbs or less). 

Approval of exemptions for US Drone Aviation LLC a Wyoming Corporation will allow 

commercial operations of sUAS’ in the oil and natural gas well inspection industry, and other 

commercial activities, enhancing safety by removing the risk of physical harm to inspectors 

otherwise exposed to potentially dangerous conditions at the well heads. In contrast, a sUAS 

weighing fewer than 25lbs. and powered by batteries eliminates virtually all of that risk to the 

personnel involved and provides a maintenance record for review by experts remotely, if 

required. 

The operation of small UASs, weighting less than 25lbs., conducted in the strict conditions 

outlined, will provide an equivalent level of safety supporting the grant of the exemptions 

requested herein. These lightweight aircraft operate at slow speeds, close to the ground, and in a 

low risk, low population environment and, as a result, are far safer than conventional operations 

conducted with helicopters and fixed-wing aircraft operating in close proximity to the ground and 

people. The intended use of the sUAS operations contemplated by this petition is in the public 

interest because it clearly satisfies exemplary uses of sUAS to replace work by humans that is 

potentially dangerous, and at the same time provides an equivalent or greater level of safety.