Corey L. Hart

2428 South 48th Street

Omaha, NE 68106

October 18, 2015

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room w12-140

1200 New Jersey Avenue, SE.

Washington, DC 20590

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF 

THE FAA REFORM ACT AND PART 11 OF THE FEDERAL AVIATION 

REGULATIONS FROM TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 14 C.F.R. Part 21, Subpart H, 91.203(a) (1); 45.23 (b). 91.7(a); 91.9 

(b) (2); 91.103; 91.119 (c); 91.121; 91.151(a); 91.405 (a); 91.407(a) (1); 91.409 

(a) (2); 91.417 (a) & (b). CONCERNING COMMERCIAL OPERATION OF 

UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE 

FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Dear Sir or Madam:

I am an owner of a video production company based in Omaha, Nebraska and 

have been working in the film and video industry for 15 years. It is my desire to 

add aerial observation, inspection, photography, and cinematography to the list 

of services that I can provide in an effort to remain competitive in the industry. 

Existing regulations regarding small, unmanned aircraft inhibit this pursuit.

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

Reform Act) and 14 C.F.R. Part 11, I, Corey L. Hart (Petitioner), Operator of 

Small Unmanned Aircraft Systems (“sUASs”) equipped to offer on-demand 

commercial UAS operations for a host of industries and applications and to 

perform the purposes listed below, hereby apply for an exemption from the listed 

Federal Aviation Regulations (“FARs”) to allow commercial operation of my 

sUAVs/UAS, so long as such operations are conducted within and under the 

conditions outlined herein or as may be established by the FAA in an exemption 

granted under either Section 333 or Section 49 U.S.C. §44701(f).

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

of a UAS under controlled conditions in airspace that is 1) limited; 2) 

predetermined; and 3) would provide safety enhancements in the fields in which 

it operates. Approval of this exemption would thereby enhance safety and fulfill 

the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “... 

establish requirements for the safe operation of such aircraft systems in the 

national airspace system” (Section 333(c) of the Reform Act).
Name and Address of Petitioner

Corey Lee Hart

2428 South 48th Street

Omaha, NE 68106

Regulations from which the Exemption Relief is requested:

14 C.F.R. Part 21, Subpart H

14 C.F.R. § 91.203(a) (1)

14 C.F.R. § 45.23 (b)

14 C.F.R. § 91.7(a)

14 C.F.R. § 91.9 (b) (2)

14 C.F. R.§ 91.103

14 C.F. R.§ 91.119

14 C.F.R. § 91.121

14 C.F.R. § 91.151 (a)

14 C.F.R. § 91.405 (a)

14 C.F.R. § 407 (a) (1)

14 C.F.R. § 409 (a) (2)

14 C.F.R. § 417 (a) & (b)

Background

In 1995 I earned my Private Pilot’s license and attained my instrument rating in 

1997. I have held a Commercial Pilot’s license since 1998 and was last active in 

2003. I have been involved in the building and piloting of remote controlled 

aircraft as a hobbyist since 1998, currently own a DJI Inspire 1, and have an indepth understanding of the capabilities and safety concerns involved in using this 

technology as an asset to the community.

Public Benefit

The present systems of photography, videography, mapping and inspecting 

agricultural land, inspecting buildings or large structures, site surveys, monitoring 

wild life, and insect control, are now conducted by humans or by the use of 

conventional aircraft. Current procedures can result in significant injuries due to 

personnel falling, or flying debris from low altitude flyovers by conventional

aircraft. In the instance of low altitude flyovers by conventional aircraft, the lives 

of pilots and camera operators are also at increased risk.

Orders of magnitude larger than sUAVs, conventional aircraft carry flammable 

fuels that are not carried by a UAS and emit pollutants associated with internal 

combustion engines. The sUAV’s proposed herein are battery powered and have 

no emissions. In the case of conventional aircraft, the present system exposes 
those not only in the immediate area of operations, but those who are along the

path of flight associated with arrival and departure at the operation site. By 

contrast, the sUAV is carried to the site and transits no other property.

Additionally, conventional flights are significantly more expensive than those 

undertaken with a sUAV.

Commercial Mission

Petitioner’s use of sUAV’s will be for the capture of high-resolution imagery and 

video to identify, record, memorialize events and objects according to the 

purposes noted below.

The imagery and video will be used to identify the condition of landscapes, 

agriculture, events, disasters and infrastructure, to conduct bridge inspections, 

flare stack inspection, utility-power generation system inspections and patrolling, 

aerial inspection, photography and videography of residential and commercial 

real estate, weddings, aerial inspection, photography and videography of utility 

infrastructure including but not limited to electrical power lines, wind turbines and 

cell towers, pipeline inspection and patrolling, filmmaking, cinematography, and 

videography, precision agriculture with on board sensors, wildlife and forestry 

monitoring and mosquito and insect control, aerial surveying, construction site 

inspection and monitoring, public entity support operations, aerial imaging for 

safety, monitoring and comparing work efforts and completion percentages, and 

security of controlled environment of various sites, aerial video and live video 

feed to assist with search and rescue operations under the authority and support 

of local authority officials, aerial video and photography for public and private use 

including television, public events, live feed and live newsgathering, training to 

persons individually or belonging to both private and public organizations to 

increase awareness and improve safety for current and future UAS operations 

within the NAS, special events including high schools, colleges, professional 

sports, open air events and fairs research, risk management and assessment, 

motion picture production, surface mining, closed set filming, disaster and 

catastrophe events.

The UAS will be operated by Corey L. Hart and/or contracting operators on 

occasion, to capture high-resolution imagery/video of large structures (wide and 

tall) such as warehouses, high rise buildings, bridges, and construction sites. 

Given the small size of the sUAV’s involved (no more than 55 lbs.), an average 

speed of operation between 5-35 mph, and the restricted environment within 

which they will be operated, the Petitioner 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 UASs to commence immediately.

This exemption application is submitted to fulfill Congress’ express goal in 

passing Sections 333(a) through (c) of the Reform Act. This law directs the 

Secretary of Transportation to consider whether certain unmanned aircraft 
systems may operate safely in the national airspace system (NAS) before 

completion of the rulemaking required under Section 332 of the Reform Act. In 

making this determination, the Secretary is required to determine which types of 

UASs do not create a hazard to users of the NAS or the public or pose a threat to 

national security in light of the following:

• The UAS’ size, weight, speed, and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; 

• Operation of the UAS within visual line of sight of the Operator. 

Lastly, if the Secretary determines that such vehicles “may operate safely in the 

national airspace system, the Secretary shall establish requirements for the safe 

operation of such aircraft in the national airspace system” (Id. §333(c)).

Given that all operations will be conducted below 400 AGL feet and no closer 

than 5 nautical miles of the geographic center of an airport as denoted on a 

current FAA published aeronautical chart, unless a letter of agreement with that 

airport’s management is obtained, Petitioner requests that operations over 

congested or densely populated areas be allowed. The sUAV’s have GPS geofencing, operate at a low altitude within confined areas, operate at low speed, 

and weigh no more than 55 lbs. Such operations will only be under-taken with the 

approval of the land or home owner, as set forth herein, and will comply with the 

requirements that operations be no closer than 500 feet to the adjacent building 

unless the land owner has provided permission and the Operator has made an 

assessment of safety risk(s) from such operations.

Description of Type, Make and Models of sUAV/UAS Requested

Corey L. Hart is seeking an exemption to commercially operate sUAV’s makes 

and models as follows:

3DRobotics Aero 3DRobotics Solo

3DRobotics X8 DJI Inspire 1

DJI Matrice 100 DJI Phantom 2

DJI Phantom 3 DJI Spreading Wings S800

DJI Spreading Wings S900 DJI Spreading Wings S1000

Freefly Alta Freefly Cinestar-8

Intuitive Aerial Aerigon IAH3 SABRE HL48 Skyhorse

SenseFly eBee Yuneec Q500 Typhoon

Each separately weighs 55 lbs. or less, with imaging payload, sensors, and 

applicable equipment.

Equipment operation manuals for each sUAV are included in these documents

under Appendix A for your reference and are considered confidential information 

for each respective company’s UAS.
Commitment to Safety

As a privileged holder of a Commercial Pilot’s license with instrument rating, I 

have a healthy respect for procedure and safety. I conduct an extensive pre-flight 

checklist and inspection of aircraft systems. I obtain all necessary permissions 

prior to operation and do not operate within 5 miles of an airport unless prior 

contact to Air Traffic Control or the airport manager has been established. I 

conduct safety briefings prior to every flight, designate a person to call 911 in the 

event of an emergency, determine whether anyone on site is CPR certified, 

indicate the flight plan, and make sure everyone is aware of potential hazards. I 

pilot my UAS through remote control by line of sight and with a spotter while 

filming. Most flights include an additional dedicated camera operator. My UAS 

uses GPS and a flight safety feature whereby it returns to a preprogrammed

position and then lands if communication with the remote control is lost. I land my 

UAS prior to the manufacturers recommended minimum level of battery power. I 

actively analyze flight data and other sources of information to constantly update

and enhance safety protocol, and I have procedures in place to abort flights in 

the event of safety breaches or potential danger.

My Preflight Checklist is as follows:

• Identify geographic or human obstacles that challenge a safe flight.

• Conduct safety briefing.

• Ignition switch(s) off.

• Propellers removed.

• Inspect wings/propellers/fuselage/control surfaces for damage.

• Battery levels for aircraft, controller, ground station and mobile device full.

• Verify recording media is installed.

• Power on controller, ground station, mobile device and aircraft.

• Verify mobile device, application and aircraft are connected.

• Calibrate IMU, gimbal, and compass.

• Verify control surfaces/motor direction(s) are correct, free and clear.

• Power down aircraft, mobile device, and controller.

• Mount propellers correctly and firmly.

• Clear aircraft vicinity.

• Power on controller, mobile device and aircraft.

• Advance throttle and begin mission.

Aircraft And Equivalent Level of Safety

The Petitioner proposes that the exemption requested herein apply to civil aircraft 

that have the characteristics and that operate with the limitations listed herein.

These limitations provide for at least an equivalent, or even higher level of safety,

to operations under the current regulatory structure as the proposed operations

represent a safety enhancement to current operations conducted with 
conventional aircraft or humans climbing structures. These conditions are drawn 

from Exemptions 11136, 11138, 11172, 11174 and 11177, 11062, 11109, 11112, 

and 11213 and as recent as 11857. These limitations and conditions to which 

Corey L. Hart agrees to be bound when conducting commercial operations under 

an FAA issued exemption include:

1) Operations authorized by this grant of exemption are limited to the aircraft 

described in the Operator’s manuals found in Appendix A. Operations of 

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

grant.

2) The UA may not be flown at an indicated airspeed exceeding 50 mph (10 

mph during inspections).

3) The UA must be operated at an altitude of no more than 400 feet above 

ground level (AGL), as indicated by the procedures specified in the 

Operator’s manual. All altitudes reported to ATC must be in feet AGL.

4) The UA must be operated within visual line of sight (VLOS) of the Aircraft 

Operator at all times. This requires the Aircraft Operator to be able to use 

human vision unaided by any device other than corrective lenses.

5) The Exemption Holder’s Manuals must be amended to include all 

conditions and limitations required by the FAA. The Manuals must be 

maintained and made available to the Administrator upon request. If a 

discrepancy exists between the conditions and limitations in the exemption 

and the procedures outlined in the Exemption Holder’s Operator’s manual, 

the conditions and limitations in the exemption take precedence and must 

be followed, otherwise, the Aircraft Operator must follow the procedures 

as outlined in its Aircraft’s manual. The Exemption Holder may update or 

revise its Manuals. It is the Exemption Holder’s responsibility to track such 

revisions and present updated and revised documents to the Administrator 

upon request. The Exemption Holder must also present updated and 

revised documents if it petitions for an extension or amendment of this 

exemption. If the Exemption Holder determines that any update or revision 

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

the Exemption Holder must petition for amendment to its exemption.

6) Prior to each flight, the Aircraft Operator must inspect the UAS to ensure it 

is in a condition for safe flight. If the inspection reveals a condition that 

affects the safe operation of the UAS, the aircraft is prohibited from 

operating until the necessary maintenance has been performed, and the 

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

Station must be included in the preflight inspection. All maintenance and 

alterations must be properly documented in the aircraft records.

7) 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 in accordance with the 

Exemption holder’s Manuals. The Aircraft Operator who conducts the 

functional test flight must make an entry in the UAS aircraft records of the 

flight. The requirements and procedures for a functional test flight and 
aircraft record entry must be added to the Exemption Holder’s Operator’s 

manual.

8) The Exemption Holder must follow the manufacturer’s UAS 

aircraft/component, maintenance, overhaul, replacement, inspection, and 

life limit requirements, with particular attention to flight critical components 

that may not be addressed in the manufacturer’s manuals.

9) The Exemption Holder must carry out its maintenance, inspections, and 

record keeping requirements in accordance with the Operator’s Manuals. 

Maintenance, inspection, and alterations must be noted in the aircraft 

logbook, including total flight hours, description of work accomplished, and 

the signature of the authorized technician returning the UAS to service.

10) The authorized technicians must receive and document training 

referenced in the Exemption Holder’s Manuals.

11) Each UAS operated under this exemption must comply with all 

manufacturer System and Safety Bulletins.

12) The Exemption Holder’s maintenance personnel must make a record 

entry in the UAS logbook or equivalent document of the corrective action 

taken against discrepancies discovered between inspections.

13) Prior to commencing operations, the Aircraft Operator shall have logged 

at least 25 hours of total time as a UA rotorcraft pilot and at least ten hours 

logged as a UA pilot with a similar UA type and 5 hours in the make and 

model.

14) 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 and land or be recovered in accordance with the Exemption 

Holder’s Manuals.

15) The Aircraft Operator must abort the flight in the event of unpredicted 

obstacles or emergencies, including unauthorized people entering the 

flight area, in accordance with the Exemption Holder’s Manuals.

16) The Aircraft Operator is prohibited from beginning a UAS flight unless 

(considering wind and forecast weather conditions) there is enough power 

to fly to the first point of intended landing and, assuming normal cruising 

speed, to fly after that for at least 10 minutes.

17) All aircraft operated in accordance with the 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.

18) Before conducting operations, the radio frequency spectrum used for

operation and control of the UA must comply with the Federal 

Communications Commission (FCC) or other appropriate government 

oversight agency requirements.

19) The documents required under 14 CFR 91.9 and 91.203 must be 

available to the Operator 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.
20) The UA must remain clear and yield the right of way to all other manned 

operations and activities at all times (including, but not limited to, ultra-light 

vehicles, parachute activities, parasailing activities, hang gliders, etc.).

21) The UA may not be operated by the Aircraft Operator from any moving 

device or vehicle.

22) UAS operations may not be conducted during night, as defined in 14 CFR 

1.1.

23) All operations must be conducted under visual meteorological conditions 

(VMC). 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 Operator.

24) During operations the UA may not operate within 5 nautical miles of the 

geographic center of an airport as denoted on a current FAA-published 

aeronautical chart unless a letter of agreement with that airport’s 

management is obtained, and the operation is conducted in accordance 

with a NOTAM, if as required by the Operator’s COA. The letter of 

agreement with the airport management must be made available to the 

Administrator upon request.

25) The UA may not be operated over congested or densely populated areas 

unless the conditions set for in #26 are satisfied. These populated areas 

include but are not limited to the yellow areas depicted on World 

Aeronautical Charts (WAC), Sectional Aeronautical Charts (Sectionals), or 

Terminal Area Charts (TAC). However, aeronautical charts may not reflect 

pertinent local information. Ultimately, it is the Operator’s responsibility to 

maintain the minimum safe altitudes required by § 91.119 (d)(1).

26) 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 debris in the event of an accident. The 

Aircraft Operator must ensure that nonparticipating persons remain 

under such protection. If a situation arises where nonparticipating 

persons leave such protection and are within 30 feet of the UA, flight 

operations must cease immediately and/or;

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

land owner/controller has granted permission and/or the Aircraft 

Operator has made a safety assessment of the risk of operating closer 

to those objects and;

c) Operations near the Aircraft Operator do not present an undue hazard 

to the Operator per § 91.119(a).

27) All operations shall be conducted over private or controlled access 

property with permission from the land owner/controller or authorized 

representative. Permission from land 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 reported to the National Transportation 

Safety Board (NTSB) per instructions contained on the NTSB Web site: 

www.ntsb.gov.

14 C.F.R. Part 21, Subpart H, 14 C.F.R. §91.203(a) (1):

Airworthiness Certificates 

Subpart H, entitled Airworthiness Certificates, establishes the procedural 

requirements for the issuance of airworthiness certificates as required by FAR 

§91.203 (a) (1). Given the size and limited operating area associated with the 

aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H 

meets the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) 

and Section 333 of the Reform Act both authorize the FAA to exempt aircraft

from the requirement for an airworthiness certificate, upon consideration of the 

size, weight, speed, operational capability, and proximity to airports and 

populated areas of the particular sUAS. In all cases, an analysis of these criteria 

demonstrates that the sUAS operated without an airworthiness certificate, in the 

restricted environment and under the conditions proposed will be at least as safe, 

or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed.

The sUASs to be operated hereunder are less than 55 lbs. fully loaded, carriy

neither a pilot nor passenger, carries no explosive materials or flammable liquid 

fuels, and operates exclusively within a secured and designated area. Unlike 

other civil aircraft, operations under this exemption will be tightly controlled and 

monitored by both the operator and under the requirements and in compliance 

with local public safety requirements.These safety enhancements provide a 

greater degree of safety to the public and property owners than conventional

operations conducted with airworthiness certificates issued under 14 C.F.R. Part 

21, Subpart H. Lastly, application of these same criteria demonstrates that there 

is no credible threat to national security posed by the 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 external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires: When marks include only the Roman capital letter "N" 

and the registration number is displayed on limited, restricted or light-sport 

category aircraft or experimental or provisionally certificated aircraft, the operator 

must also display on that aircraft near each entrance to the cabin, cockpit, or pilot 

station, in letters not less than 2 inches nor more than 6 inches high, the words 

"limited," "restricted," "light-sport," "experimental," or "provisional," as applicable.

Even though the sUAS will have no airworthiness certificate, an exemption may 

be needed as the sUAS will have no entrance to the cabin, cockpit or pilot station 
on which the word “Experimental” can be placed. Given the size of the sUAS, 

two-inch lettering will be impossible. The word “Experimental” will be placed on 

the fuselage in compliance with §45.29 (f). The equivalent level of safety will be 

provided by having the sUAS marked on its fuselage as required by §45.29 (f) 

where the pilot, observer and others working with the sUAS will see the

identification of the sUAS as “Experimental.”

14 C.F.R. § 91.7(a): Civil aircraft airworthiness.

This regulation requires that no person may operate a civil aircraft unless it is in

airworthy condition. Should the exemption be granted allowing commercial

operation of the UAS without an airworthiness certificate, no standard will exist 

for airworthiness of the UA. Given the size of the aircraft and the requirements 

that the Operator has agreed to as it relates to airworthiness, as contained in the 

manual, an equivalent level of safety will be achieved by insuring compliance 

with the manuals prior to each flight. The FAA has granted exemptions to 

conduct similar operations in Exemptions 11062 through 11067, 11080 and 

11110.

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

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil 

aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not required by 

§21.5 of this chapter, unless there is available in the aircraft a current approved 

airplane or Rotorcraft Flight Manual, approved manual material, markings, and 

placards, or any combination thereof. The sUAS, given its size and configuration 

has no ability or place to carry such a flight manual on the aircraft, not only 

because there is no pilot on board, but because there is no room or capacity to 

carry such an item on the aircraft. The equivalent level of safety will be 

maintained by keeping the flight manual at the ground control point where the 

pilot flying the sUAS will have immediate access to it.

14 C.F.R. § 91.103: Preflight Action.

This regulation requires each pilot in command to take certain actions before 

flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will 

not be provided for the aircraft an exemption will be needed. The PIC will take all 

actions including reviewing weather, flight battery requirements, landing and 

takeoff distances and aircraft performance data before initiation of flight.

14 C.F.R. §91.119: Minimum safe altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section

91.119 (d) allows helicopters to be operated at less than the minimums 

prescribed, provided the person operating the helicopter complies with any route 

or altitudes prescribed for helicopters by the FAA. As this exemption is for a 

sUAS that is a helicopter and the exemption requests authority to operate at 
altitudes up to 400 AGL, an exemption may be needed to allow such operations.

The equivalent level of safety will be achieved given the size, weight, and speed 

of the UAS as well as the location where it is operated. No flight will be taken 

without the permission of the property owner, facility owner, and/or local officials. 

Because of the advance notice to the property owner and participants, all 

affected individuals will be aware of the planned flight operations as set forth in 

the Manuals. Compared to flight operations with aircraft or rotorcraft weighing far 

more than the maximum 55 lbs. and the lack of flammable fuel, any risk 

associated with these operations is far less than those presently presented by 

conventional aircraft operating at or below 500 AGL in the aerial photography 

industry. In addition, the low-altitude operations of the sUAS will ensure 

separation between these small-UAS operations and the operations of 

conventional aircraft that must comply with Section 91.119. The FAA has granted 

exemptions to conduct similar operations in Exemptions 11062 through 11067, 

11080 and 11110.

14 C.F.R. §91.121 Altimeter Settings

This regulation requires 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.” As the

sUAV, in manual or emergency mode, will not have a barometric altimeter 

display, but instead a GPS altitude display, an exemption will be needed. The 

Operator, pursuant to the procedures set forth in the Manuals as indicated before 

flight, will achieve an equivalent level of safety. The FAA has granted exemptions 

to conduct similar operations in Exemptions 11062 through 11067, 11080 and 

11110.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151(a) prohibits an individual from beginning “a flight in an airplane 

under VFR conditions unless (considering wind and forecast weather conditions) 

there is enough fuel to fly to the first point of intended landing, and, assuming 

normal cruising speed:

1) During the day, to fly after that for at least 30 minutes or;

2) At night, to fly after that for at least 45 minutes.”

The battery powering the sUAS provides approximately 40 minutes of powered 

flight. To meet the 30-minute reserve requirement in 14 CFR §91.151, sUAS 

flights would be limited to approximately 10 minutes in length. Given the 

limitations on the UAS’ proposed flight area and the location of its proposed 

operations within a predetermined area, a longer time frame for flight is 

reasonable.

Petitioner believes that an exemption from 14 CFR §91.151(a) falls within the 

scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin 
Corporation to operate without compliance with FAR 91.151 (a)). Operating the 

small UAS, in a tightly controlled area where only people and property owners or 

official representatives who have signed waivers will be allowed, with less than 

30 minutes of reserve fuel, does not engender the type of risks that Section 

91.151(a) was intended to alleviate given the size and speed of the small UAS.

Petitioner believes that an equivalent level of safety can be achieved by limiting 

flights to 30 minutes or 25% of remaining battery power whichever happens first.

This restriction would be more than adequate to return the sUAS to its planned 

landing zone from anywhere in its limited operating area. Similar exemptions 

have been granted to other operations, including Exemptions 2689F, 5745, 

10673, 10808 and Exemptions 11062, through11067, 11080 and 11110.

14 C.F.R. §91.405 (a); 91.407 (a) (1); 91.409(a) (2); 91.417(a) & (b): 

Maintenance Inspections

These regulations require that an 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 of this chapter...,” and others 

shall inspect or maintain the aircraft in compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to the Petitioner. Maintenance will be 

accomplished by the Operator, or manufacturer, pursuant to the flight manual 

and operating handbook as referenced in the attached confidential manuals in 

Appendix A. An equivalent level of safety will be achieved because these small 

UASs are very limited in size and will carry a small payload and operate only in 

defined areas for limited periods of time.

If mechanical issues arise, the UAS can land immediately and will be operating 

from no higher than 400 feet AGL. As provided in the Aircraft Flight Operations 

Manual the Operator will ensure that the UAS is in working order prior to initiating 

flight, perform required maintenance, and keep a log of any maintenance 

performed. Moreover, the Operator and manufacturer are most familiar with the 

aircraft and best suited to maintain the aircraft in an airworthy condition to 

provide the equivalent level of safety. The FAA has granted exemptions for 

similar operations in Exemptions 11062 through 11067, 11080 and 11110.

Federal Register Publication

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:
Petitioner seeks an exemption from the following rules:

14 C.F.R. Part 21, Subpart H; 14 C.F.R. § 91.203(a) (1); 45.23 (b); 91.7(a); 91.9 

(b) (2); 91.103; 91.119; 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409(a)(2) 

and 91.417 (a) & (b) to operate commercially a small, unmanned vehicle (55 lbs. 

or less) for the following purposes: to conduct bridge inspections, flare stack 

inspection, utility-power generation system inspections and patrolling, aerial 

inspection and photography of residential and commercial utility infrastructure 

including but not limited to electrical power lines, wind turbines and cell towers, 

pipeline inspection and patrolling, filmmaking, cinematography, and videography, 

precision agriculture with on board sensors, wildlife and forestry monitoring and 

mosquito and insect control, aerial surveying, construction site inspection and 

monitoring, public entity support operations, aerial video and live video feed to 

assist with search and rescue operations under the authority and support of local 

authority officials, aerial video and photography for public and private use 

including television, public events, and cinematography live feed and live 

newsgathering, training to persons individually or belonging to both private and 

public organizations to increase awareness and improve safety for current and 

future UAS operations within the NAS, special events: including high schools. 

colleges, professional sports, open air events and fairs, research, risk 

management and assessment, motion picture production surface mining, closed 

set filming disaster and catastrophe events.

Privacy and National Security

All flights will occur over private or controlled access property with the property 

owner’s prior consent and knowledge. Inspection will be of inanimate objects in 

areas where the owners will have consented to the inspections or otherwise have 

agreed to allow the UAS and the Operator to be in the area where operations will 

take place.

The size of the UAS, its speed and restricted area of operation do not raise 

national security issues.

Summary

Approval of exemptions allowing commercial operations of sUAV’s for the 

petitioner to operate an unmanned aircraft system (UAS) will enhance safety by 

reducing risk. Conventional aircraft operations expose operators and civilians to 

higher risks than those created by use of sUAV’S. The operation of battery 

powered sUAVs, is friendlier to the environment than the use of aircraft burning 

Jet A or 100LL. SUAVs carry no passengers or crew, eliminating exposure to the

risks associated with manned aircraft flights.

The operation of small UASs, weighing less than 55 lbs., conducted under the 

strict conditions outlined above, 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 areas that are under 

control. As a result, operations are far safer than those conducted with turbine 

helicopters operating in close proximity to the ground.

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, provide more than

adequate justification for the grant of the requested exemptions allowing 

commercial operation of Petitioner’s UAS for the purposes outlined herein and 

are consistent with exemptions already granted, including Exemptions number 

11171 through 11174, 11176, 11177, 11062, 11109, 11112, and 11213 and as 

recent as 11857.

Sincerely,

Corey L. Hart

2428 South 48th Street

Omaha, NE 68106
APPENDIX A – TECHNICAL MANUALS AND SPECIFICATIONS

3DRobotics Aero

https://3drobotics.com/wp-content/uploads/2014/10/AeroM-Operation-Manualv1.pdf

3DRobotics Solo

https://3drobotics.com/wp-content/uploads/2015/09/v6_09_22_15.pdf

3DRobotics X8

https://3drobotics.com/wp-content/uploads/2015/04/X8-Operation-Manual-vC.pdf

DJI Inspire 1

http://download.djiinnovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.4_en.pdf

DJI Matrice 100

http://download.djiinnovations.com/downloads/dev/Matrice/en/M100_User_Manual_v1.0_en.pdf

DJI Phantom 2

http://download.djiinnovations.com/downloads/phantom_2/en/PHANTOM2_User_Manual_v1.4_en.

pdf

DJI Phantom 3

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Man

ual_v1.4_en_0915.pdf

DJI Spreading Wings S800

http://download.dji-innovations.com/downloads/s800/S800_User_Manual_en.pdf

DJI Spreading Wings S900

http://download.djiinnovations.com/downloads/s900/en/S900_User_Manual_v1.2_en.pdf

DJI Spreading Wings S1000

http://download.djiinnovations.com/downloads/s1000/en/S1000_User_Manual_v1.10_en.pdf

Freefly Alta

http://d27w8s76bjlz9v.cloudfront.net/wpcontent/uploads/2015/07/28175748/ALTA_Manual_RevB.pdf
Freefly Cinestar-8

http://d27w8s76bjlz9v.cloudfront.net/wpcontent/uploads/2014/07/cinestar8Manual-v4.pdf

Intuitive Aerial Aerigon IAH3

http://www.intuitiveaerial.com/specs/

SABRE HL48 Skyhorse

http://www.sabresurvey.com/uav.html

SenseFly eBee

https://www.sensefly.com/fileadmin/user_upload/sensefly/documents/manuals/Ex

tended_User_Manual_eBee_and_eBee_Ag_v16.pdf

Yuneec Q500 Typhoon

http://www.yuneec.com/download/manuals/typhoon_q500_instruction_manual_v

2.1.pdf