May 11, 2015

Exemption No. 11527

Regulatory Docket No. FAA–2015–0341

Mr. David Allen Culler, Jr.

CEO

HAZON Solutions, LLC

545 South Birdneck Road

Suite 201−B

Virginia Beach, VA 23451

Dear Mr. Culler:

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 February 5, 2015, you petitioned the Federal Aviation Administration (FAA) 

on behalf of HAZON Solutions, LLC (hereinafter petitioner or operator) for an exemption. 

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

agriculture inspections/data collections and aerial mapping.

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. However, the FAA 

received one comment in support of the petition made to the docket.

Airworthiness Certification

The UAS proposed by the petitioner are a DJI Phantom 2, DJI S1000+, Draganflyer X4-ES, 

Penguin V2, Fire Fly 6, and Range Video RV Jet.
2

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 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, HAZON Solutions, 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 

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.

 

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.
3

Conditions and Limitations

In this grant of exemption, HAZON Solutions, 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 2, 

DJI S1000+, Draganflyer X4-ES, Penguin V2, Fire Fly 6, and Range Video RV Jet 

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 

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, 
4

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 

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.
5

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 

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.
6

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 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.
7

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.
8

This exemption terminates on May 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures


Page 3 of 17

Table of Contents

Glossary of Abbreviations.......................................................................4

List of Attachments...............................................................................5

Introduction and Interest of Petitioner.......................................................5

Unmanned Aerial Systems......................................................................5

Unmanned Aircraft Pilot in Command (PIC).................................................9

Operations of sUAS ..............................................................................10

Requested Exemptions from Regulations ....................................................13

Public Interest...................................................................................16

Conclusion.......................................................................................17
Page 4 of 17

Glossary of Abbreviations

AGL Above Ground Level

ATC Air Traffic Control

COA Certificate of Authorization

FAA Federal AviationAdministration

FAR Federal AviationRegulation

MAAP Mid Atlantic Aviation Partnership

NAS National Airspace System

PIC Pilot in Command

PQS Personnel QualificationSystem

Section 333 FAA Modernization and Reform Act of 2012, Section 333

SOP Standard Operating Procedures

sUAS Small Unmanned AircraftSystems

VFR Visual Flight Rules

VMC Visual MeteorologicalConditions

VT Virginia Polytechnic Institute

VO Visual Observer

VLOS Visual Line of Sight
Page 5 of 17

List of Attachments

(1) HAZON Standard Operating Procedures Extract, Chapters 1-4 and 

Checklists/Forms

(2) DJI Phantom 2 Operating Manual

(3) DJI S1000+ Operating Manual

(4) Draganflyer X4-ES sUAV Operating Manual

(5) Draganflyer Ground Station Operating Manual

(6) Certificate of Authorization (COA) 2014-ESA-152

(7) Certificate of Authorization (COA) 2014-ESA-153

(8) Penguin V2 Operating Manual

(9) Fire Fly 6 Operating Manual 

(10) Range Video RV Jet Operating Manual

Ten attachments listed are referenced in the request for exemption and contain trade secret 

and commercial proprietary information that HAZON has not and will not share with others 

except under appropriate confidentiality agreements. The HAZON Standard Operating 

Procedures (SOP) attachment contains operating conditions and procedures that have been 

developed exclusively by HAZON, and that are not available to the public. HAZON is 

requesting that these attachments be treated as proprietary information pursuant to 14 

C.F.R. Section 11.35, and maintains that they are protected from release under the Freedom 

of Information Act. See 5 U.S.C. 552 et seq.

Section 1: Introduction and Interest of Petitioner

HAZON, Veteran owned and operated, is the leading developer of sUAV service 

operations, training, safety and management programs. The mission of HAZON is to 

support, develop and validate unmanned system operations. Our goal is to provide 

unmatched quality and safety. 

HAZON has two FAA approved COAs, (2014-ESA-152, 153) to conduct precision 

agriculture inspections/data collections testing with Virginia Tech (MAAP). 

Section 2: Unmanned Aerial Systems

Regarding the Unmanned Aircraft System 

1. Petitioners should describe how the proposed UAS operation will be safely conducted to 

minimize risk to the NAS or to persons and property on the ground. Specifically, petitioners 

should describe the design and operational characteristics for the type(s) of UAS they 

intend to operate, e.g. aircraft performance and performance limitations, operating 

procedures, and aircraft loading information in as much detail as possible. This could be 

provided in the petition or in an Aircraft Flight Manual or similar document. 

NOTE: The FAA will consider all information and data submitted by the petitioner that 

describes the UAS developmental and operational history. This could include statistical 

data or other documentation for the specific design and performance characteristics of the 

UAS, including the operational history and operational failure modes, obtained through 
Page 6 of 17

previous Research & Development (R&D) and/or flight test activities, e.g. operations 

conducted under a COA, with a civil airworthiness certificate, or under other authorized 

operating conditions. 

2. Petitioners should describe any procedures they would implement, such as pre-flight 

inspections, maintenance, and repair, to ensure that the UAS is in a condition for safe 

flight. This could be provided in the petition, an Aircraft Flight Manual, a Maintenance and 

Inspection Manual, or similar document. 

NOTE: The Aircraft Flight Manual and Maintenance and Inspection Manual may be 

separate documents or combined in a single document

3. The petitioner should describe the Radio Frequency (RF) spectrum used for control of 

the UAS and associated equipment that is part of the UAS (i.e., sensors, cameras, etc.), and 

whether it complies with Federal Communications Commission (FCC) or other appropriate 

government oversight agency requirements. 

NOTE: Petitioners should be able to provide the FCC approval letter or show compliance 

with FCC requirements upon request.

General Information Pertaining to All Proposed sUAS

HAZON will operate less than fifty-five pound sUAS, with the ability to conduct precision 

agriculture inspections/data collections and aerial mapping, with payloads capable of 

supporting this mission.

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

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

aircraft will be prohibited from operating until the necessary maintenance has been 

performed and the sUAS 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 aircraft records. All discrepancies noted shall be documented as 

described in the HAZON SOP (Chapter 1, Para 111).

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

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

functional test flight in accordance with the manufacturers manual and HAZON SOP

(Chapter 1, Para 111). The PIC who conducts the functional test flight shall make an entry 

in the sUAS aircraft logbook of the flight. 

HAZON shall follow the manufacturer’s sUAS 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.

HAZON shall carry out their maintenance, inspections and record keeping requirements, in 

accordance with the operator’s manual. Maintenance, inspection, and alterations must be 

noted in the aircraft log book, including total flight hours, description of work 

accomplished, and the signature of the authorized maintenance technician returning the 

sUAV to service. HAZON SOP (Chapter 1, Para 111).
Page 7 of 17

Each sUAS operated under the proposed exemption shall comply with all manufacturer 

System and Safety Bulletins.

HAZON technicians will receive and document training referenced in the manufacturer’s

operations manual.

HAZON technicians shall make a record entry in the sUAS logbook or equivalent 

document of the corrective action taken against discrepancies discovered between 

inspections.

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

of the sUAS shall comply with the Federal Communications Commission (FCC) or other 

appropriate government oversight agency requirements.

DJI Phantom 2

HAZON seeks an exemption to operate DJI Phantom 2 sUAS, for compensation or hire. 

The DJI Phantom 2 is comprised of a quad rotor unmanned aircraft and a handheld ground 

control station. The Phantom II has a maximum gross weight of approximately 2.8 pounds, 

diameter (rotor span) 23.75 inches, width of 12.5 inches, and height of 8.1 inches. The 

Phantom II is equipped with four rotors driven by four lithium polymer battery powered 

electric motors.

Design and operational characteristics are provided in DJI Phantom 2 Operating Manual 

(Page 35). Flight crews shall conduct pre-flight inspections as documented in HAZON 

SOP (Chapter 2 Para 202) and DJI Phantom 2 Operating Manual (Page 24). 

DJI S1000+

HAZON seeks an exemption to operate a DJI-S1000 sUAS for compensation or hire. The 

DJI-S1000+ is comprised of a multi-rotor unmanned aircraft and two handheld ground 

control stations. The DJI-S1000 has a maximum gross weight of approximately 24 pounds, 

diagonal wheelbase of 41.4 inches, and height of approximately 18 inches. The DJI- S1000 

is equipped with eight rotors driven by eight lithium polymer battery powered electric 

motors.

Design and operational characteristics are provided in DJI S1000+ Operating Manual (Page 

22).

Flight crews shall conduct pre-flight inspections as documented in HAZON SOP (Chapter 

2 Para 202) and DJI S1000+ Operating Manual (Page 4).

Draganflyer X4-ES

HAZON seeks an exemption to operate a DraganFlyer X4-ES sUAS for compensation or 

hire. The DraganFlyer is comprised of a quad rotor unmanned aircraft and two handheld 
Page 8 of 17

ground control stations. The DraganFlyer has a maximum gross weight of approximately 

5.6 pounds, diameter (rotor span) of 42 inches, width of 34 inches, and height of 11 inches. 

The DraganFlyer is equipped with four rotors driven by four lithium polymer battery 

powered electric motors.

Design and operational characteristics of the Draganflyer X4-ES are provided in 

Draganflyer X4-ES Operating Manual (Pages 77-80) and Ground Station Operating Manual 

(Pages 75-76).

Flight crews shall conduct pre-flight inspections as documented in HAZON SOP (Chapter 

2 Para 202), Draganflyer X4-ES Operating Manual (Pages 52-54) and Draganflyer Ground 

Station Operating Manual (Pages 62-64).

Penguin V2 

HAZON seeks an exemption to operate Penguin V2 sUAS, for compensation or hire. The 

Penguin V2 is a fixed wing brushless motor pusher prop sUAS. It has a wingspan of 67.7 

inches and a length of 48.5 inches. It has a wing area of 3.9 ft2

, and is powered by a lithium 

polymer battery. It has a maximum flight weight of 4.8 pounds. It is made of EPO foam 

and the wing and fuselage are reinforced with wood, aluminum alloy and carbon fiber 

piping. It has an observed normal cruise air speed of about 25 mph. Design and 

operational characteristics of the Penguin are provided in the Penguin V2 Operating 

Manual (Page 2).

Flight crews shall conduct pre-flight inspections as documented in HAZON SOP (Chapter 

2 Para 202) and Penguin Operating Manual (Pages 9-10).

FireFly 6

HAZON seeks an exemption to operate the FireFly 6 sUAS, for compensation or hire. The 

FireFly 6 is a hybrid sUAS that can conduct vertical take offs and landings (VTOL) and 

then can transition to conventional horizontal flight. It is powered by six brushless motors 

and two to four lithium polymer batteries. It has a wingspan of 60 inches and a length of 

37.4 inches with a maximum flight weight of 9.0 pounds. The FireFly 6 has normal cruise 

air speed of 30 mph, and a maximum air speed of 57 mph during conventional horizontal 

flight.

Flight crews shall conduct pre-flight inspections as documented in HAZON SOP (Chapter 

2 Para 202) and FireFly 6 Operating Manual (Page 36).

RV Jet

HAZON seeks an exemption to operate the RV Jet sUAS, for compensation or hire. The 

RV Jet is a pusher propeller flying wing powered by a lithium polymer battery and a 

brushless motor. It features 2 wingspans (76.7 inches or 61 inches) and is 25.7 inches long. 

It can reach flight times in excess of 45 minutes, and it carries the payload in a nose 
Page 9 of 17

mounted non-stabilized camera gimbal. Design and operational characteristics of the 

Penguin are provided in the RV Jet Operating Manual (Pages 1-12).

Flight crews shall conduct pre-flight inspections as documented in HAZON SOP (Chapter 

2 Para 202).

Section 3: Unmanned Aircraft Pilot in Command (PIC)

Regarding the Unmanned Aircraft PIC 

4. Petitioners should describe the qualifications required of any PIC(s) who will be directly 

responsible for the operation of the UAS, including information such as: the level of airman 

certificate held; any applicable training related to the operation; and any minimum hours 

of flight experience required by the PIC(s), both total flight time and the time with the 

particular UAS. If the operation would use visual observers, petitioners should describe 

their roles and qualifications. 

5. Petitioners should describe the medical standards and certification of the PIC(s) directly 

responsible for the operation of the UAS. 

All HAZON Flight Crews, including PIC and Visual Observers (VO), will be qualified as 

directed by HAZON SOP (Chapter 1, Para 108). 

All flight crewmembers, including PIC and VO, will have an understanding of, and comply 

with, Title 14 Code of Federal Regulations, and/or Agency directives and regulations, 

applicable to the airspace where the sUAS will operate. Specifically all flight crew 

members will receive training on the rules and responsibilities described in 14 CFR Part 91 

Sections 91.111, 91.113 and 91.115 regarding cloud clearance, flight visibility and the pilot 

controller glossary, including standard ATC phraseology and communication. 

The PIC must possess at least a current private pilot certificate and third class medical 

certificate. The PIC must also meet the flight review requirements specified in 14 CFR 

Section 61.56 in an aircraft in which the PIC is rated on his/her pilot certificate. 

Prior to operations conducted for the purpose of precision agriculture (or similar 

operations), the PIC must have accumulated and logged, in a manner consistent with 14 

CFR Section 61.51(b), a minimum of 25 hours of total time as a sUAS pilot and at least ten 

hours logged as a sUAS pilot with similar sUAS type (fixed wing or rotary). Prior 

documented flight experience that was obtained in compliance with applicable regulations 

may satisfy this requirement. Training, proficiency, and experience building flights are 

requested to be conducted under this grant of exception to accomplish the required flight 

cycles and flight time. During training, proficiency, and experience building flights, all 

persons not essential for flight operations will be considered non-participants and the PIC 

will operate the sUAS with appropriate distance from non-participants in accordance with 

14 CFR Section 91.119.
Page 10 of 17

Prior to operations conducted for the purpose of precision agriculture (or similar 

operations), the PIC must have accumulated and logged in a manner consistent with 14 

CFR Section 61.51(b), a minimum of five hours as a sUAS PIC operating the make and 

model of the sUAS to be utilized for operations under this requested exemption, and three 

take-offs and landings in the preceding 90 days. Training, proficiency, experiencebuilding, and take-off and landing currency flights are requested to be conducted under this 

grant of exemption to accomplish the required flight time and 90 day currency. During 

training, proficiency, experience building, and take-off and landing currency flights all 

personnel not essential for flight operations are considered nonparticipants, and the PIC 

must operate the sUAS with appropriate distance from nonparticipants in accordance with 

14 CFR Section 91.119.

All operations must utilize a VO. The VO may be used to satisfy the Visual Line of Sight 

(VLOS) requirement as long as the PIC always maintains VLOS capability. The VO and 

PIC must be able to communicate verbally at all times. This condition and limitation is 

consistent with all FAA approved Exemptions.

Section 4: Operations of sUAS

Regarding the Operation of the Unmanned Aircraft 

6. Petitioners should fully describe their intended UAS operation(s). Petitioners should 

describe how the proposed operation(s) would not adversely affect safety, or how they 

would provide a level of safety at least equivalent to that provided by the rule from which 

exemption is sought. Petitioners should address any plans to implement clearly defined 

operational borders and procedures to ensure public safety, which includes persons and 

property both in the air and on the ground. This can be described in the petition, in an 

Operations Manual, or similar document. 

NOTE: The FAA will closely examine the proposed operation(s) with respect to safety of 

flight, NAS safety considerations, and the safety of the non-participating persons and 

property during the operational period and within the operational area. 

7. Petitioners should specify the proposed maximum operating speed and altitude, and 

describe minimum flight visibility and distance from clouds for their intended operation(s). 

Petitioners should describe potential hazards and safety mitigations associated with these 

proposed conditions. These issues can be addressed in the petition, an Operations Manual, 

or similar document. 

The sUAS shall remain clear and yield the right of way to all other manned aviation 

operations and activities at all times.

The sUAS shall be operated at an altitude of no more than 400 feet above ground level 

(AGL). All altitudes reported to ATC will be in feet.

The multi-rotor sUAS shall not be flown at a ground speed exceeding 30 mph.
Page 11 of 17

Fixed wing and hybrid sUAS shall be flown at a ground speed not to exceed the maximum 

design limitation air speed of 57 mph as stated in the operating manuals.

sUAS Operations will be conducted under visual meteorological conditions (VMC). The 

sUAS will not be operated less than 500 feet below or less than 2000 feet horizontally from 

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

If the sUAS loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in 

accordance with HAZON SOP. 

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

accordance with operating documents.

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

weather conditions) there is enough power to fly at normal cruising speed to the intended 

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

The sUAS operated in accordance with this proposed exemption shall be identified by 

serial numbers, registered in accordance with 14 CFR part 47, and have identification (NNumber) markings in accordance with 14 CFR part 45, Subpart C. Markings will be as 

large as practicable.

The sUAS documents required under 14 CFR 91.9 and 91.203 shall be available to the PIC 

at the Ground Control Station of the sUAS anytime the aircraft is operating. Those 

documents shall be available to the Administrator or any law enforcement official upon 

request.

Any sUAS incidents, accidents or flight operations that transgress the lateral or vertical 

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

FAA’s UAS Integration Office (AFS-80) within 24 hours. Accidents shall be reported to 

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

Web site: www.ntsb.gov.

Unless otherwise specified in this petition, the sUAS PIC, and the sUAS operations shall 

comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61 

and 91.

8. Petitioners should describe the characteristics of the area of intended operation(s) and 

the associated potential hazards, in accordance with the statutory mandate under Section 

333 regarding proximity to populated areas. These issues can be addressed in the petition, 

an Operations Manual, or similar document. 

The sUAS shall not be operated over congested or densely populated areas. These 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). Each 

work site will also be evaluated based on local conditions.
Page 12 of 17

Operations of sUAS may be conducted at distances less than 500 feet from participating 

persons, vessels, vehicles or structures that perform an essential function in connection with 

these special purpose operations. Operations closer than 500 feet from the PIC, VO, 

operator trainees and essential persons are permitted when operationally necessary; but 

never so close to present an undue hazard. This is consistent with Exemption No. 11138.

Operations of sUAS may be conducted at distances less than 500 feet from unoccupied 

vessels, vehicles or structures owned by the land owner/controller when the land 

owner/controller grants such permission, and the PIC makes a safety assessment of the risk

from operations and determines that it does not present an undue hazard to persons or 

property. This is consistent with Exemption No. 11138.

Flight operations will be conducted at least 500 feet from all nonparticipating persons

unless barriers or structures are present that sufficiently protect nonparticipating persons 

from the sUAS and/or debris in the event of an accident. HAZON shall 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 sUAS, flight 

operations will cease immediately. This is consistent with Exemption No. 11138.

All operations of sUAS shall be conducted with the permission from the land 

owner/controller or authorized representative. Permission from the land owner/controller 

or authorized representative will be obtained for each flight to be conducted.

9. Petitioners should describe if they intend to operate in the proximity of any airports, in 

accordance with the statutory mandate under Section 333 regarding proximity to airports. 

The sUAS will not operate within 5 nautical miles of an airport reference point 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 as required by the operator’s COA. The letter of agreement with the airport 

management will be made available to the Administrator upon request. This is consistent 

with Exemption No 11159.

10. The UAS must be operated within visual line-of-sight (VLOS), in accordance with the 

statutory mandate under Section 333(b)(1). Petitioners should describe how they intend to 

comply with his mandate. 

The sUAS must be operated within VLOS of the PIC and VO at all times. This requires the 

PIC to be able to use human vision to see the sUAS unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA issued medical certificate.

All sUAS operations must utilize a VO. 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. The PIC and VO must be designated before 

the flight and cannot transfer his or her designation for the duration of the flight. The PIC 
Page 13 of 17

must ensure that the VO can perform the functions prescribed in HAZON’s SOP (Chapter 

1, Para 103).

The sUAS will not be operated by the PIC from any moving device or vehicle. Operations 

will not be conducted during night as defined in 14 CFR 1.1. 

11. Petitioners should describe any procedures they would implement for conducting a 

preflight safety risk assessment to determine that the UAS is in a condition for safe flight 

(14 CFR § 91.7(b)) and that the planned operation can be completed safely. These 

procedures can be addressed in the petition, an Aircraft Flight Manual, Operations 

Manual, or similar document. 

HAZON will conduct preflight safety risk assessments to determine that the sUAS is in a

condition for safe flight (14 CFR Section 91.7(b)) and that the planned operation can be 

completed safely. Specific procedures are addressed in HAZON’s SOP (Chapter 2, Para 

202), and sUAS Operation Manuals. 

12. If petitioners intend to conduct operations which have existing requirements to notify 

Flight Standards District Offices (FSDOs) prior to operations – such as motion picture and 

television filming, or pipeline and powerline patrol – petitioners should describe their 

intended coordination in this regard for their proposed operation(s). 

HAZON’s operations do not require a notification to Flight Standards District Offices 

(FSDOs).

13. The FAA intends to require entities who obtain an exemption under this process to also 

obtain a Certificate of Waiver or Authorization (COA) from the FAA Air Traffic 

Organization prior to conducting operation(s) in the NAS. 

HAZON shall obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

Authorization (COA) prior to conducting any operations under this requested grant of 

exemption. Additionally, HAZON will request a Notice to Airmen (NOTAM) not more 

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

Section 5: Requested Exemptions from Regulations

Considered Regulation Title Recommended Action

14 C.F.R Part 21.185 Airworthiness 

Certificate

HAZON recommends that in 

consideration of the size, weight, 

speed and limited operating area 

associated with these aircraft and 

their operation, the Secretary of 

Transportation determines that these 

aircraft meet the conditions of 

Section 333. Relief is not 

necessary.
Page 14 of 17

14 C.F.R. Part 45.23(b) Display of marks HAZON sUAV shall 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 

will be as large as practicable. 

Relief is not necessary.

14 C.F.R. Part 61.113(a) Private pilot 

privileges and 

limitations

The FAA has found in previous 

grants of exemption that a PIC with 

a private pilot certificate operating a 

sUAS would not adversely affect 

operations in the NAS or present a 

hazard to persons or property on the 

ground. Request relief with 

limitations and conditions 

specified in this petition.

14 C.F.R. Part 61.133(b) Commercial pilot 

privileges and 

limitations

The FAA has found in previous 

grants of exemption that a PIC with 

a private pilot certificate operating a 

sUAS would not adversely affect 

operations in the NAS or present a 

hazard to persons or property on the 

ground. Request relief with 

limitations and conditions 

specified in this petition.

14 C.F.R. Part 91.7(a) Civil Aircraft 

Airworthiness

HAZON recommends that in 

consideration of the size, weight, 

speed and limited operating area 

associated with this aircraft and its 

operation, the Secretary of 

Transportation determines that these 

aircraft meet the conditions of 

Section 333. Relief is not 

necessary.

14 C.F.R. Part 

91.9(b)(2) &(c)

Civil Aircraft Flight 

Manual, Marking, 

and Placard 

Requirements

The FAA has previously determined 

that relief from these sections is not 

necessary. Relevant materials may 

be kept in a location accessible to 

the PIC in compliance with the 

regulations. Relief is not 

necessary.
Page 15 of 17

14 C.F.R. Part 91.103 Preflight Action HAZON will perform. Relief is not 

necessary.

14 C.F.R. Part 91.109(a) Flight Instruction HAZON will conduct all flight 

training through procedures 

specified in Training Instruction 

during dedicated training sessions. 

Based on previous decisions made 

by the FAA for sUAS petitions 

regarding this regulation, relief is 

not necessary.

14 C.F.R. Part 91.119(c) Minimum Safe 

Altitude

Aircraft will be operated below 400

AGL, but not over congested areas. 

Request relief with limitations and 

conditions specified in this 

petition.

14 C.F.R. Part 121 Altimeter Settings The proposed aircraft have a 

barometric altimeter and GPS 

derived altitude capabilities. 

HAZON recommends that the 

altimeter be set to zero feet AGL 

rather than local barometric pressure 

or field altitude before flight. 

Considering the limited altitude of 

the proposed operations. Request 

relief with limitations and 

conditions specified in this 

petition.

14 C.F.R. Part 91.151(a) Fuel Requirements 

in VFR

Prior relief has been granted for 

manned and unmanned aircraft to 

operate at less than prescribed 

minimums. Request relief with 

limitations and conditions 

specified in this petition.

14 C.F.R. Part 91.203(a)

and (b)

Certifications 

Required

Original intent of these regulations 

was to display an aircraft’s 

airworthiness, certification and 

registration documents so they 

would be easily available to 

inspectors and passengers. Based on 

the FAA Memorandum subject, 

“Interpretation regarding whether 

certain required documents may be 

kept at an unmanned aircraft’s 

control station,” dated August 8, 

2014, relief is not necessary.
Page 16 of 17

Public Interest

HAZON’s operations of sUAS to perform aerial precision agriculture inspections/data 

collections and aerial mapping will reduce risk to life and property by decreasing the 

requirements of personnel to operate manned aircraft to perform these tasks. HAZON will 

use battery-powered sUAS that serve as safe and efficient, alternatives to the manned 

aircraft commonly utilized to conduct precision agriculture inspections/data collections and 

aerial mapping. Also, the flight data, inspection results, recorded observations and lessons 

learned from these operations will be compiled to further enhance its current safety 

program. 

The applicant proposes that the exemptions 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 because the proposed operations represent a safety 

enhancement to precision agriculture inspections/data collections and aerial mapping, 

which is currently being conducted by manned aircraft.

14 C.F.R. Part 91.405(a) Maintenance 

Required

Request relief with limitations and 

conditions specified in this 

petition.

14 C.F.R. Part 

91.407(a)(1)

Operation after 

Maintenance

Request relief with limitations and 

conditions specified in this 

petition.

14 C.F.R. Part 

91.409(a)(1) and (2)

Inspections Request relief with limitations and 

conditions specified in this 

petition.

14 C.F.R. Part 91.417(a)

and (b)

Maintenance 

Records

Request relief with limitations and 

conditions specified in this 

petition.
0