October	25,	2015

U.S.	Department	of	Transportation,	Docket	Operations

West	Building	Ground	Floor,	Room	W12-140

I200	New	Jersey	Ave.,	SE

Washington,	DC	20590

Purpose: Exemption	Request	Section	333	of	the	FAA	Reform	Act	and	Part	II	of	the	Federal

Aviation	Regulations	from	14	CFR	Part	21	subpart	H;	14	CFR	45.23	(b)	;14	CFR	61.113	(a)	&	

(b);	91.103(b);	91.119;	91.121;	91.151(a);	91.405	(a);	91.407(a)	(1);	91.409 (a)	(2);	91.4I7	(a)	

&	(b) for:

Flight	Club	Drones

26	Diamond	Oak	Court

The	Woodlands,	Texas	77381

Dear	Sir	or	Madam:

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

and	14	C.F.R.	Part	11,	Flight	Club	Drones (Flight	Club),	an	aerial data collection	company,	

hereby	applies	for	an	exemption	from	the	listed	Federal	Aviation Regulations	("F	ARs")	to	

allow	commercial	operation	of	its	Small	Unmanned	Aircraft Systems	(''sUAS")	for	aerial	

imaging	of	events	and	private	property, 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.

As	detailed	in	this	document,	the	requested exemption	would	permit	the	operation	of	sUAS	

under	controlled	conditions	in	airspace that	is limited to	outside	FAA	designated	No	Fly	Zones	

and	100	feet	away	from	persons	who	have	not	been	notified	of	sUASs	operations. 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.

REGULATIONS	FROM	WHICH	THE	EXEMPTION	IS	REQUESTED:

14	C.F.R.	Part	21	Subpart	H

I4	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.	91.103

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.	91.405	(a)

14	C.F.R.	91.407	(a)	(1)

14	C.F.R.	91.409	(a)	(2)

14	C.F.R.	91.417	(a)	&	(b)
EQUIPMENT	SPECIFICATIONS

Flight	Club	will	be	using	the	Yuneec	Typhoon	Q500+	Quadcopter	UAV	(Typhoon).		This	UAV	is	

a	3.5	lb	(1587	oz)	quadcopter	design	with	many	safety	features	built	in.		The	Typhoon	has	

software	installed	that	doesn’t	allow	it	to	fly	within	3	miles	of	any	airport	or	FAA	designated	No	

Fly	Zone	or	fly	above	400ft.		The	maximum	achievable	speed	of	the	Typhoon	is	18	miles	per	

hour,	well	below	the	mandatory	speed	limit	of	100	miles	per	hour.

This	UAV	also	comes	equipped	with	a	return	home	feature	that	automatically	lands	the	UAV	

where	it	took	off	from	if	either	the	battery	is	under	20%,	the	transmitter	and	UAV	loose	

connection,	or	the	return	home	feature	is	initiated	by	the	PIC.		This	feature	will	help	ensure	the	

safety	of	persons	and	property	around	the	flight	zone.

I. STATUTORY AUTHORITY FOR EXEMPTIONS

The	Federal	Aviation	Act	expressly	grants	the	FAA	authority	to	issue	exemptions.

This	statutory	authority	includes	exempting	civil	aircraft,	as	the	term	is	defined	under

§40101	of	the	Act,	including	sUASs,	from	the	requirement	that	all	civil	aircraft	must have	a	

current	airworthiness	certificate.

The	Administrator	may	grant	an	exemption	from	a	requirement	of	a	regulation prescribed	

under	subsection	(a)	or	(b)	of	this	section	or	any	sections	44702-44716	of	this title	if	the	

Administrator	finds	the	exemption	in	the	public	interest.	49	U.S.C.	§44701(f)

See	also	49	USC	§44711(a);	49	USC	§44704;	14	CFR	§91.203(a)	(1).

Section	333(b)	of	the	Reform	Act	assists	the	Secretary	in	determining	whether sUAS may	

operate	in	the	National	Airspace	System	(NAS)	without	creating	a	hazard	to the	user,	the	

public,	or	a	threat	to	national	security.	In	making	this	determination,	the Secretary	must	

consider:

•	The	sUAS's	size,	weight,	speed,	and	operational	capability

•	Whether	the	sU	AS	operates	within	the	visual	line	of	sight	of	the	operator

•	Whether	the	sUAS	operates	outside	of	highly	populated	areas	and	away	from close	proximity	

to	airports

Reform	Act	§333(a) If	the	Secretary	determines	that	a	sUAS	"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).

Flight	Club's	sUAS	are	multirotor	vehicles,	weighing	5 or	fewer	lbs.	including payload.	They	

operate	under	normal	conditions	at	a	speed	of	no	more	than	80 knots (92	miles per	hour) and

have	the	capability	to	hover,	and	move	in	the	vertical	and	horizontal	plane simultaneously.	The	

sUAS	will	operate	only	in	the	Pilot's	visual	line	of	sight	at all	times and	will	operate	only	within	

FAA	airspace	guidelines	of	below	400	ft	AGL,	more	than	3	miles from	any	airport	or	landing	

strip,	outside	of	NOAA	zones	and	TFRs/FRZs. Such	operations	will ensure	that the	sUAS	will	

"not	create	a	hazard	to	users	of	the	national	airspace	system	or	the	public." Reform	Act	Section	

333	(b).
Given	the	small	size	of	the	sUAS	involved	and	the	restricted environment	within	which	they	

will	operate,	our	application	falls	squarely	within	the zone	of	safety	(an	equivalent	level	of	

safety)	in	which	Congress	envisioned	that	the	FAA must,	by	exemption,	allow	commercial	

operations	of	sUAS	to	commence	immediately. Also	due	to	the	small	size	of	the	sUAS	and	the	

low	altitudes	and	restricted	areas	in	which the	sUAS	will	operate,	approval of	the	application	

presents	no	national	security	issue.

Given	the	clear	direction	in	Section	333	of	the	Reform	Act,	the	authority contained	in	the	

Federal	Aviation	Act,	as	amended;	the	strong	equivalent	level	of	safety surrounding	the	

proposed	operations,	and	the	significant	public	benefit,	including enhanced	safety,	the	grant	of	

the	requested	exemptions	is	in	the	public	interest. Accordingly,	Flight	Club respectfully	

requests	that	the	FAA	grant	the	requested	exemption without	delay.

II. PUBLIC INTEREST

This	exemption	application	is	expressly	submitted	to	fulfill	Congress'	goal	in passing	Section	

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	NAS	before	

completion	of	the	rulemaking	required	under	Section	332	of	the Reform	Act.	By	granting	an	

exemption	the	FAA	will	fulfill	Congress's	intent	of	allowing UAS	to	operate	with	significant	

safety	precautions	in	low	risk	environments.

The	use	of	sUAS	in	many	commercial	or	industrial	uses can	significantly	reduce	the	risk	to

workers	of	falls	while	inspecting,	surveying,	or	monitoring	physical	property	that	would	

otherwise	require	climbing	of	scaffolding,	ladders	or	cherry	pickers.	sUAS	can inspect,

photograph,	and	collect	data	on	hard	to	get	to	areas	that	otherwise	would	require worker	

inspection.	Falls	are	a	leading	source	of	workplace	fatality	and	injury	on construction	sites

("Commonly	Used	Statistics",	Occupational	Safety	&	Health	Administration.	Available	at:

https://www.osha.gov/oshstats/commonstats.html),	and	reducing	falls	through	sUAS	use	for	site	

imaging	could	save workers	lives.

Additionally,	sUAS	could	replace	the	use	of	helicopters	and	small	aircraft	to monitor	sites.	The	

sUAS	we	propose	to	fly	in	this	application	are	five	pounds	or	less,	and	carry	no	combustible	

material	on	board,	as	opposed	to	the	much	larger	conventionally powered	small	aircraft.	

Shifting	to	sUAS	from	helicopters	presents	a	marked	safety increase	for	our	workers	and	the	

public.

Lastly,	sUAS	reduce	the	environmental	impact	by	dramatically	decreasing	the energy	used	for	

aerial	imaging	and	data	collection.	Our	sUAS	use rechargeable	lithium	ion	batteries,	as	opposed	

to	fossil	fuels	burned	in	operation	of	small aircraft	that	are	many	hundreds	of	times	heavier.

III. EQUIVALENT LEVEL OF SAFETY

Flight	Club	proposes	that	the	exemption	requested	herein	apply	to	sUAS	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	because	the	proposed	operations	represent	a	safety enhancement	to	the	already	safe	

protocols	followed	on	construction	sites	and	imaging	and	surveying	operations	conducted	with	

helicopters	and	other	conventional	aircraft.
Flight	Club will	be	bound	by	the	following	limitations	when	conducting	its	sUAS operations	

under	an	FAA	issued	exemption:

1. The	sUAS	will	be	less	than	50 pounds.

2. Flights	will	be	operated	within	visual	line	of	sight	of	a	pilot.

3. Maximum	total	flight	time	for	each	operational	flight	will	be	30	minutes.	The	sUAS

calculates	battery	reserve	in	real	time,	and	will	return	to	its	ground	station	with	at least	

20%	battery	power	reserve	should	that	occur	prior	to	the	30	minute	limit.

4. Flights	will	normally	be	operated	at	an	altitude	of	200	feet	AGL,	never	exceeding	400

feet	AGL.

5. Crew	for	each	operation	will	consist	of	the	sUAS	Pilot (PIC) and	a	Visual	Observer	(VO)	

who	will	keep	the	sUAS within	their visual	line	of	sight	at	all	times.

6. The	sUAS	Pilot	will	be	trained	in	flight,	operations,	and	safety	procedures.

7. The	sUAS	will	only	operate	within	the	predetermined	flight	area,	agreed	upon	by	both	

the	PIC	and	VO based	on	the	safety	of the	surrounding persons	and	property.

8. A	briefing	will	be	conducted	in	regard	to	the	planned	sUAS	operations	prior	to	each

day's	production	activities.	

9. Pilot	will	have	been	trained	in	operation	of sUASs	generally	and	received	up-to-date

information	on	the	particular	sUAS	to	be	operated.

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

11. All	required	permissions	and	permits	will	be	obtained	from	territorial,	state,	county	or

city	jurisdictions,	including	local	law	enforcement,	fire,	or	other	appropriate

governmental	agencies.

12. If	the	sUAS	loses	communications	or	loses	its	GPS	signal,	it	will	have	capability	to enter	

"loiter	mode"	and	hover,	reestablish	satellite	connection,	and	return	to	a	

predetermined location	within	the	Security	Perimeter	and	land.

IV. DESCRIPTION OF SPECIFIC REGULATIONS

14 CFR 61.113 (A) & (B): PRIVATE	PILOT	PRIVILEGES	AND	LIMITATIONS: PILOT	IN	COMMAND

Sections	61.113	(a)	&	(b)	limit	private	pilots	to	non-commercial	operations. Because	the sUAS	

will	not	carry	a	pilot	or	passengers,	the	proposed	operations	can	achieve	the equivalent	level	of	

safety	of	current	operations	by	requiring	the	Pilot	operating	the aircraft	to	have	completed	

sUAS	flight	training as	deemed	necessary	by	the PIC.	Unlike	a	conventional	aircraft	that carries	

the	pilot	and	passengers,	the	sUAS	is	remotely	controlled	with	no	living	thing	or cargo	on	

board.	Flight	Club’s sUAS	is	also	operated	by	an	autopilot,	which	greatly	reduces the	danger	of	

human	error.

The	sUAS	to	be	operated	hereunder	is	less	than	10	lbs.	fully	loaded,	carries	neither	a	pilot nor	

passenger and carries	no	explosive	materials	or	flammable	liquid	fuels.	Like	other	civil	aircraft,

operations	under	this	exemption	will	be	tightly	controlled and	monitored	by	the	operator, and	

under	the	requirements	and	in	compliance with	local	public	safety	requirements,	to	provide	

security	for	the	area	of	operation. The	risks	associated	with	the	operation	of	the	sUAS	are	

therefore	diminished	from	the level	of	risk	associated	with	commercial	operations	

contemplated	by	Part	61	when drafted,	and	allowing	operations	of	the	sUAS	as	requested	with	
a	Pilot	who	has	met	the minimum	requirements	achieves	the	level	of	safety contemplated	by	

14	C.F.R.	§61.113	(a)	&	(b).

14 C.F.R. 91.103: PREFLIGHT	ACTION

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

safety	of	flight.	An	exemption	is	needed	from	this	requirement	as	the	Pilot	will take	separate

preflight	actions,	including checking	for	weather	conditions,	checking	flight battery

requirements,	checking	takeoff	and	landing	distances,	and	ensuring	all	persons	are	a	safe	

distance	from	sUAS	operation.	These	actions	will	provide	an	equivalent	level	of safety.

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.	This	exemption	is	for	a	multirotor	craft	that	flies	similarly	to	a helicopter,	with	vertical	

take-off	and	vertical	landing,	which	will	typically	operate	at altitudes	of 200	AGL,	so	an	

exemption	may	be	needed	to	allow	such	operations.	The sUAS	will	never	operate	at	altitude	

higher	than	400	AGL.

The	equivalent	level	of	safety	will	be	achieved	given	the	size,	weight,	speed	of	the	sUAS as	well	

as	the	location	where	it	is	operated.	No	flight	will	be	taken on	private	property without	the	

permission of	the	property	owner	or	local	officials.	Because	of	the	advance	notice	to	the	

property owner,	all	affected	individuals	will	be aware	of	the	planned	flight	operations.	Unlike	

flight	operations	with	aircraft	or	rotorcraft weighing	far	more	than	the	maximum	10	lbs.	

proposed	herein,	our	sUAS	will	not	carry flammable	fuel.	In	addition,	the	low-altitude	

operations	of	the sUAS	will	ensure separation	between	sUAS	operations	and	the	operations	of	

conventional	aircraft	that	must comply	with	Section	91.119.

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	sUAS	may	not	have	a

barometric	altimeter,	but	instead	a	GPS	altitude	read	out,	an	exemption	may	be	needed.

An	equivalent	level	of	safety	will	be	achieved	by	the	operator, by	calibrating	all	equipment

before	each	flight	to	ensure	accurate	altitude	read	outs	and confirming	the	altitude	of	the

launch	site	shown	on	the	GPS altitude	indicator	before	flight.

14 CFR 91.151 (A): FUEL	REQUIREMENTS	FOR FLIGHT	IN	VFR CONDITIONS

Section	91.151	(a)	outlines	fuel	requirements	for	beginning	a	flight	in	VFR	conditions. Our	

sUAS	is	limited	to	operations	in	daylight	and	has a	limited	range	and	flight	time	which	require	

an	exemption	from	14 CFR	91.151(a).
The	battery	powering	the	sUAS	provides	approximately	30 minutes	of	powered	flight.	To meet	

the	30	minute	reserve	requirement	in	14	CFR	§91.151,	sUAS	flights	would	be limited	to

approximately	0 minutes	in	length.	Given	the	limitations	on	the	sUAS's proposed	flight	area	

and	the	location	of	its	proposed	operations	within	a	predetermined area,	a	longer	time	frame	

for	flight	in	daylight	or	night	VFR	conditions	is	reasonable.

Flight	Club	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	sUAS,	in	a	tightly controlled	area	where	

only	people	and	property	owners	or	official	representatives	who have	been	notified	of	sUAS	

operation 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.	

Additionally,	limiting	sUAS	flights	to	less	than 5	minutes	would greatly	reduce	the	utility	for	

which	the	exemption	will	be	granted.

An	equivalent	level	of	safety	can	be	achieved	by	limiting	flights	to	30	minutes,	or	enough

battery	reserve	to	ensure	that	the	sUAS	lands	at	the	ground	station	with	at	least	20%	of battery	

power	(as	determined	by	the	onboard	monitoring	system	and	the	Pilot),	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,	and	10808.

14 CFR 91.405 (A); 407 (A)(1); 409 (A)(2); 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	Flight	Club.	Maintenance	will	be	accomplished	by the	operator	

pursuant	to	the	flight	manual	and	operating	handbook	of the	manufacturer.	 An equivalent	

level	of	safety	will	be	achieved	because	these	small	sUAS	are very	limited	in	size	and	will	carry	

a	small	payload	and	operate	only	in	restricted	areas	for limited	periods	of	time.	If	mechanical	

issues	arise	the	sUAS	can	land	immediately	and will	be	operating	from	no	higher	than	400	feet	

AGL.	The	Pilot will	ensure	that	the	sUAS	is	in	working	order	prior	to	initiating	flight,	perform	

required maintenance,	and	keep	a	log	of	any	maintenance	performed.	Moreover,	the	Pilot	is	the

person	most	familiar	with	the	aircraft	and	best	suited	to	maintain	the	aircraft	in	an airworthy	

condition	to	provide	the	equivalent	level	of	safety.

*****************
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.	§21,	subpart	H;	14

C.F.R	45.23(b);l4	C.F.R.	§§	61.113(	a)	&	(b);91.7(a);	91.9	(b)	(2);91.103(b);91.109;	91.119;	

91.121;	91.151(a);91.203(a)	and	(b);	91.405(a);	91.407	(a)	(1);	91.409	(a)	(2);	91.409	(a)	(2)	

and	91.417	(a)	&	(b)	to	operate commercially	a	small	unmanned	vehicle	(55lbs	or	less)	in	

aerial	data	collection operations.

Approval	of	exemptions	allowing	commercial	operations	of	sUAS	in	the	aerial	data	collection

industry	enhances	safety	while	reducing	risk.	Manned	aircraft	monitoring	and	surveying

creates	a	greater	risk	because	the	craft	are	much	larger,	have	combustible	fuel,	and	carry an	

onboard	human	pilot.	In	contrast,	a	sUAS	weighing	fewer	than	10	lbs.	and	powered	by batteries	

eliminates	virtually	all	of	that	risk	given	the	reduced	mass	and	lack	of combustible	fuel	carried	

on	board.	The	sUAS	will	carry	no	passengers	or	crew	and, therefore,	will	not	expose	them	to	

the	risks	associated	with	manned	aircraft	flights.

The	operation	of	small	sUAS,	weighing	less	than	10	lbs.,	conducted	in	the	strict conditions

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

exemptions	requested	herein,	including	exempting	the	applicant	from	the requirements	of Part	

21	and	allowing	commercial	operations.	These	lightweight	aircraft operate	at	slow	speeds,

close	to	the	ground	and,	as	a	result, are	far	safer	than	conventional	operations	conducted	with	

turbine	helicopters	operating	in close	proximity	to	the	ground	and	people.

PRIVACY

All	flights	will	occur	over	private	or	controlled	access	property	with	the	property	owner's prior	

consent	and	knowledge.	Images and	video	footage	will	only	be	taken of	individuals	who	have	

also consented	to	being	filmed	or	otherwise	have	agreed	to	be	in	the	area	where	aerial

photography	will	take	place.

*****************

Satisfaction	of	the	criteria	provided	in	Section	333	of	the	Reform	Act	of2012--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 applicant's	sUAS	in	the	

aerial	data	collection	industry.