July 24, 2015

Exemption No. 12144

Regulatory Docket No. FAA–2015–1542

Mr. Garrett B. Caffee, Esq.

Counsel for Hendrix Consulting Group, LLC

Fafinski Mark & Johnson, P.A. 

Attorneys at Law

Flagship Corporate Center

775 Prairie Center Drive, Suite 400

Eden Prairie, MN 55344

Dear Mr. Caffee:

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 May 7, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Hendrix Consulting Group, LLC (hereinafter petitioner or operator) for an 

exemption. The petitioner requested to operate an unmanned aircraft system (UAS) to 

conduct aerial photography and inspections services.

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

the regulations that the petitioner seeks an exemption.

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

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

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

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Inspire 1.
2

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

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

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

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

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

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

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

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

not necessary.

The Basis for Our Decision

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

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

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

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

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

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

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

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

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

by this exemption is in the public interest.

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

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

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

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

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

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

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

delegated to me by the Administrator, Hendrix Consulting Group, 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 

 

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

aerial data collection. This exemption is subject to the conditions and limitations listed 

below.

Conditions and Limitations

In this grant of exemption, Hendrix Consulting Group, 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 Inspire 1 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 
4

documents must be accessible during UAS operations and made available to the 

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

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

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

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

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

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

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

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

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

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

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

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

updates or revisions to the operating documents.

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

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

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

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

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

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

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

in a condition for safe operation.

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

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

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

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

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

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

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

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

aircraft components.

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

safety bulletins.

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

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

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

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 
5

government. The PIC must also meet the flight review requirements specified in 

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

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

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

operated under this exemption, including evasive and emergency maneuvers and 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

to the Administrator or any law enforcement official upon request.

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

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

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

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

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

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

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

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

power recommended by the manufacturer if greater.

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

operations shall be conducted in accordance with an ATO-issued COA. The 
6

exemption holder may apply for a new or amended COA if it intends to conduct 

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

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

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

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

be as large as practicable.

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

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

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

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

official upon request.

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

activities at all times. 

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

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

persons, vessels, vehicles, and structures unless:

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

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

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

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

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

of nonparticipating persons; and

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

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

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

present an undue hazard.

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

nonparticipating persons under this exemption.

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

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

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

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

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 
7

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

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

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

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

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

as documented in this grant of exemption.

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

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

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

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

must include at least the following:

a. Dates and times for all flights;

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

under this grant of exemption;

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

the UAS;

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

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

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

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

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

g. Signature of exemption holder or representative; and

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

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

essential to accomplish the operation.

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

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

exemption holder’s MPTOM.

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

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

parts 45, 47, 61, and 91.
8

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

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
Fafinski Mark & Johnson 

May 7, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Fafinski Mark & Johnson, P.A. 

Attorneys At Law 

. . Flagship Corporate Center 

775 Pniirie Center Drive, Suite 400, Eden Prairie, MN 55344 

Telephonei 952.,99/? .. 9500 Facsimile: 952.995.9577 Website: www.fmjlaw.com i ~ ; ~ . : ! j 

RE: Exemption Request- Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations from 14 C.F.R. 45.23(b); 14 CFR Part 21; 14 CFR 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) & 

(b); 91.405 (a); 91.407(a) (1); 91.409 (a) (1) & (2); 91.417 (a) & (b). 

Dear Sir or Madam: 

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012, Pub. L. No. 112-95, 

126 Stat. 11 (amending 49 U.S.C.) (hereinafter, the "Reform Act") and 14 C.F.R. Part 11, 

Hendrix Consulting Group, LLC, operator of small unmanned aircraft systems (singularly a 

"sUAS" or cumulatively "sUASs") equipped to conduct professional aerial photography and 

inspection services, hereby applies for an exemption from the listed Federal Aviation 

Regulations ("FARs") to allow commercial operation of its sUASs, 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 ofthe Reform Act. 

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

unmanned sUAS under controlled conditions in airspace that (i) is limited, (ii) is predetermined, 

(iii) is controlled as to access, and (iv) would provide safety enhancements to the already safe 

operations in the aerial photography and inspection industry presently using conventional 

aircraft. Approval of this exemption would thereby enhance safety and fulfill the Secretary of 

Transportation's responsibilities to " ... establish requirements for the safe operation of such 

aircraft systems in the national airspace system." Reform Act§ 333 (c). 

The name and address of the applicant is: 

Hendrix Consulting Group, LLC ("HCG") 

Attention: Dan Hendrix 

7651 Anagram Drive 

Eden Prairie, MN 55344 

Telephone: (888) 329-2121 

Email: dan.hendrix@hendrixcg.com 
,i 

/i 

The principal of the Applicant is Daniel D. Hendrix, an Airline Transport Pilot, with a current 

FAA Class I Medical, with no waivers, and is a pilot for a major 121 carrier, with no accident or 

incident history, and 13,400 flight hours at present who will oversee all operations conducted 

with the sUASs (Daniel D. Hendrix collectively with HCG, the "Applicant"). 

The Applicant hereby requests exemption from the following F ARs: 

14 CPR Part 21 

14 C.P.R. 45.23(b) 

14 CPR 61.113 (a) & (b) 

14 C.P.R. 91.7 (a) 

14 CPR 91.9 (b) (2) 

14 C.P.R. 91.103 

14 C.P.R. 91.109 

14 C.F. R. 91.119 

14 C.P.R. 91.121 

14 CPR 91.151 (a) 

14 CPR 91.203 (a) & (b) 

14 CPR 91.405 (a) 

14 CPR 407 (a) (1) 

14 CPR 409 (a) (1) & (2) 

14 CPR 417 (a) & (b) 

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 ("UAS") 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 of Transportation is required to 

determine which types of unmanned aircraft systems do not create a hazard to users of the NAS 

or the public or pose a threat to national security in light of (i) the UAS's size, weight, speed, and 

operational capability, (ii) operation of the UAS in close proximity to airports and populated 

areas, and (iii) operation of the UAS within visual line of sight of the operator. Id. § 333 (b) (1). 

Lastly, if the Secretary of Transportation determines that such vehicles "may operate safely in 

the national airspace system, the Secretary of Transportation shall establish requirements for the 

safe operation of such aircraft in the national airspace system." !d. § 333 (c) (underline added). 1 

The Federal Aviation Act, 49 U.S.C. (the "Act") expressly grants the FAA the authority to issue 

exemptions. This statutory authority by its terms includes exempting "civil aircraft," as the term 

is defined under §40102 of the Act that includes sUASs from the requirement that all civil 

aircraft must have a current airworthiness certificate. 

1 The Applicant interprets this provision to place the duty on the Administrator to not only process applications for 

exemptions under Section 333 of the Reform Act, but for the Administrator to craft conditions for the safe operation 

of the U AS, if it should be determined that the conditions set forth herein do not fulfill the statutory requirements for 

approval. 

2 
The FAA Administrator may grant an exemption from a requirement of a regulation prescribed 

under the Act 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). 

HCG's sUASs are rotorcraft, weighing 55 or fewer lbs. including payload. They will operate, 

under normal conditions, at a speed of no more than 50 knots. They will operate only in line of 

sight and will operate only within the airspace above property owned, leased, or otherwise 

controlled by HCG or its customers with permission from said customers prior to any operation 

of sUAS as described in the Safety Checklist, attached as Exhibit A (hereinafter, the Safety 

Checklist")? Such operations will ensure that the sUASs will, "not create a hazard to users of 

the national airspace system or the public." Reform Act§ 333 (b). 

Given the small size of the sUASs involved, the total flight time of the Applicant, and the 

proposed diligence for safety of people involved with the operation as well as any bystanders, the 

Applicant 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 ofUASs to 

commence immediately. Also due to the size of the sUASs and the Applicant's extensive 

piloting experience and current piloting history with no accident or incidents, 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 Act, as amended; the strong equivalent level of safety 

surrounding the proposed operations, and the significant public benefit, including enhanced 

safety, reduction in environmental impacts, including reduced emissions associated with 

allowing UAS for aerial photography and inspection operations as opposed to full scale aircraft, 

the grant of the requested exemption is in the public interest. Accordingly, the Applicant 

respectfully requests that the FAA grant the requested exemption without delay. 

The Applicant 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 because the proposed operations represent a safety enhancement to the already safe 

aerial photography and inspection operations conducted with conventional aircraft. 

These limitations and conditions to which HCG agrees to be bound when conducting commercial 

operations under an FAA issued exemption include: 

1. Each sUAS will weigh less than 55 lbs. 

2. Flights will be operated within line of sight of the PIC. 

3. Maximum total flight time for each operational flight will be determinate on battery 

capacity. Current battery technology for the sUAS allows for 18 minute operations for 

the standard battery and 22 minutes for the extended life battery. Should battery 

technology increase operational flight times, flights will be terminated at 20% battery 

2 Applicant submits this Safety Checklist as a confidential document under 14 C.F.R. 11.35 (b) as the entire 

safety checklist contains proprietary information that the Applicant has not and will not share with others. 

The safety checklist contains operating conditions and procedures that are not available to the public and are 

protected from release under the Freedom of Information Act, 5 U.S. C. 552 et seq. 

3 
power reserve. Future battery technology will likely increase operational flight times, and 

as such, the maximum flight time will continue to increase. However, in any event, all 

operational flights will be terminated at 20% of capacity remaining. 

4. Flights will be operated at an altitude of no more than 400 feet AGL unless prior approval 

from Air Traffic Control is authorized and a Notice to Airmen (NOTAM) is filed and 

published. 

5. Minimum crew for each operation will consist of the sUAS pilot and a visual observer. 

6. The sUAS pilot will be an FAA licensed airman with at least a sport or recreational 

pilot's certificate and Class III airman medical certificate. 

7. The sUAS pilot will be Pilot in Command ("PIC"). If a pilot certificate holder other than 

the sUAS pilot, who possesses the necessary PIC qualifications, is also present during 

operations that person can also be designated as PIC. 

8. The sUASs will only operate over property owned by, leased or otherwise controlled by 

HCG with permission from the relevant property holders and not over publicly occupied 

property as set forth in the Safety Checklist. 

9. A briefing between the sUAS pilot and observer will be conducted in regard to the 

planned sUAS operations prior to each day's operations. 

10. The Applicant will file a FAA Form 7711-1, or its equivalent, as modified in light ofthe 

requested exemption, with the appropriate Flight Standards District Office ("FSDO"). 

11. The Applicant will submit a written Plan of Activities to the FSDO three days before the 

proposed operations as required in Safety Checklist. 

12. The sUAS pilot and observer will have been trained in operation of sUASs generally and 

received up-to-date information on the particular sUAS to be operated as required in 

Safety Checklist. 

13. The sUAS pilot and observer will at all times be able to communicate by voice and/or 

text. 

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

15. 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. 

16. If the sUASs lose communications or lose their GPS signal, the sUASs will have 

capability to return to and land at a pre-determined and pre-programmed location. 

17. The sUASs will have the capability to abort a flight in case of unpredicted obstacles or 

emergencies. 

4 
I. 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) 

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. Section 44701 (f) of the Act and Section 333 ofthe 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 sUASs operated without an airworthiness certificate, in the restricted 

environment and under the conditions proposed herein 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, carries neither a pilot nor 

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively 

within a secured area as set out in the Safety Checklist. Unlike other civil aircraft, operations 

under this exemption will be tightly controlled and monitored by the Applicant pursuant to the 

Safety Checklist's requirements, and under the requirements and in compliance with local 

public safety requirements, to provide security for the area of operation as is now done with 

conventional aerial photography and inspections. The FAA will have advance notice of all 

operations. 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. 

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

This 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 sUASs will have no airworthiness certificate, an exemption may be needed as the 

sUASs will have no entrance to the cabin, cockpit or pilot station on which the word 

"Experimental" can be placed. Given the size of the sUASs, two-inch lettering will be 

impossible. The word "Experimental" will be placed in a visible location on the sUASs. 

The equivalent level of safety will be provided by having each sUAS marked in the visible 

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

identification of the UAS as "Experimental." The FAA has issued the following exemptions to 

this regulation in Exemptions Nos. 10700, 8738, 10167 and 10167A. 

5 
In addition, the Applicant shall also ensure its sUASs are registered with the FAA and that the 

nationality marks relating to such sUASs are marked on the sUASs in a visible manner as 

pictured in the example below. 

III. 14 C.F.R. § 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 sUASs 

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

safety of current operations by requiring the PICs operating the sUASs to have a sport or 

recreational pilot's license rather than a commercial pilot's license to operate this sUASs. 

Unlike a conventional aircraft that carries the pilot and passengers, the sUASs are remotelycontrolled with no living thing on board. The area of operation is controlled and restricted, and 

all flights are planned and coordinated in advance as set forth in the Safety Checklist. The level 

of safety provided by the requirements included in the Safety Checklist exceeds that provided by 

a single individual holding a commercial pilot's certificate operating a conventional aircraft. The 

risks associated with the operation of the sUASs are so diminished from the level of risk 

associated with commercial operations contemplated by Part 61 when drafted, that allowing 

operations of the sUASs as requested with a sport or recreational pilot as the PIC exceeds the 

present level of safety achieved by 14 C.F .R. §61.113 (a) & (b). 

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

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

condition. As there will be no airworthiness certificate issued for the aircraft, should this 

exemption be granted, no FAA regulatory standard will exist for determining airworthiness. 

Given the size of the aircraft and the requirements contained in the Safety Checklist for 

maintenance and use of the Safety Checklist prior to each flight, an equivalent level of safety 

will be provided. 

V. 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 sUASs, given their size and configuration have 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 sUASs. 

The equivalent level of safety will be maintained by keeping the flight manual at the ground 

control point to which the sUASs pilots flying the sUASs will have immediate access. The FAA 

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has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 

9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700. 

VI. 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. An equivalent level of safety will be provided as set forth in the 

Safety Checklist. The PIC will take all actions including reviewing weather, flight battery 

requirements, landing and takeoff distances and aircraft performance data before initiation of 

flight. 

VII. 14 C.F.R. § 91.109: Flight instruction 

Section 91.109 provides that no person may operate a civil aircraft (except a manned free 

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

controls. 

sUASs and remotely piloted aircraft, by their design do not have fully functional dual controls. 

Flight control is accomplished through the use of a control box that communicates with the 

aircraft via radio communications. The FAA has approved exemptions for flight training without 

fully functional dual controls for a number of aircraft and for flight instruction in experimental 

aircraft. See Exemption Nos. 5778K & 9862A. The equivalent level of safety is provided by the 

fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of 

the aircraft. 

VIII. 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, powered parachutes and weight-shift-control aircraft to be operated at less 

than the minimums prescribed because their low speed and responsive controls allow 

operations to be conducted, "without hazard to persons or property on the surface ... ".As 

sUAS possess similar flight and control characteristics, and as the exemption requests authority 

to operate at altitudes up to 400 AGL, an exemption may be needed to allow such operations. 

As set forth herein, except for the limited conditions stated in the Safety Checklist, the sUASs 

will never operate at higher than 400 AGL. It will however be operated in a restricted area, 

where buildings and people will not be exposed to operations without their pre-obtained 

consent. 

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

well as the locations where they are operated. No flight will be taken 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 as set forth in the Safety 

Checklist. Compared to flight operations with aircraft or rotorcraft weighting far more than the 

maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these 

operations is far less than those presently presented with conventional aircraft operating at or 

below 500 AGL in the aerial photography and inspection industry. In addition, the low-altitude 

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

operations of conventional aircraft that must comply with Section 91.119. 

IX. 14 C.F.R. § 91.121 Altimeter Settings 

This regulation requires each person operating an aircraft to maintain crmsmg 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 sUASs 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, pursuant to the Safety Checklist, confirming the altitude of the 

launch site shown on the GPS altitude indicator before flight. 

X. 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 current battery technology powering sUASs is much more limited than that of combustion 

powered flight. As such, the Applicant's sUASs can not presently and likely may never meet the 

reserve requirement in 14 CFR § 91.151. Given the limitations on the U AS's proposed flight 

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

for flight in daylight VFR conditions is reasonable. As no night flight will occur, that portion is 

inapplicable. 

Applicant believes that an exemption from 14 CFR § 91.151 (a) falls within the scope of prior 

exemptions. See Exemption 1 0673 (allowing Lockheed Martin Corporation to operate without 

compliance with FAR 91.151 (a)). Operating the sUASs in a tightly controlled area where only 

people and property owners or official representatives who have signed waivers will be allowed, 

with less than 3 0 minutes of reserve fuel, does not engender the type of risks that Section 91.151 

(a) was intended to alleviate given the size, speed and limited operating area of the sUASs. 

Applicant believes that an equivalent level of safety can be achieved by limiting flights based on 

expected battery life, currently 20 minutes, or 20% of battery power when future technology 

expands the battery life. This restriction would be more than adequate to return the sUASs to 

their 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. 

XI. 14 C.F.R. § 91.203 (a) and (b): Carrying Civil Aircraft Certification and 

Registration 

The regulation provides in pertinent part: 

"(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it 

has within it the following: 

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( 1) An appropriate and current airworthiness certificate ... 

(b) No person may operate a civil aircraft unless the airworthiness certificate required 

by paragraph (a) of this section or a special flight authorization issued under § 91.715 is 

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew." 

The sUASs fully loaded weigh no more than 55 lbs. and are operated without an onboard pilot. 

As such, there is no ability or place to carry certification and registration documents, or to 

display them on the sUASs. 

An equivalent level of safety will be achieved by keeping these documents at the ground control 

point where the sUASs pilots flying the sUASs will have immediate access to them; to the extent 

they are applicable to the sUASs. The FAA has issued numerous exemptions to this regulation. 

A representative sample of other exemptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 

9797, 9797A, 9816A, and 10700. 

XII. 14 C.F.R. § 91.405 (a); 407 (a) (1); 409 (a) (1) & (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 the sUASs as proposed to be operated by the Applicant. Maintenance 

will be accomplished by the Applicant pursuant to the flight manual and operating handbook as 

referenced in the Safety Checklist. An equivalent level of safety will be achieved because these 

sUASs are very limited in size and will carry a small payload and operate only in restricted areas 

for limited periods oftime. If mechanical issues arise, the sUASs can land immediately and will 

be operating from no higher than 400 feet AGL. As provided for in the Safety Checklist, the 

Applicant 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 Applicant 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. 

SUMMARY 

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

Register, should it be determined that publication is needed: 

Applicant seeks an exemption from the following rules: 

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14 C.F.R. § 21, subpart H; 14 C.F.R 45.23 (b); 14 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) (1) & (2) and 91.417 (a) & (b) to operate commercially small 

unmanned aircraft systems (55 lbs. or less) in aerial photography and inspection operations. 

Approval of exemptions allowing commercial operations of sUASs in the aerial photography and 

inspection industry will enhance safety by reducing risk. Conventional aerial photography and 

inspection operations, using jet or piston power aircraft, operate at extremely low altitudes and in 

extreme proximity to people and structures; and present the risks associated with vehicles that 

weigh in the neighborhood of 4,000 lbs., carrying large amounts of jet A or other fuel. Such 

aircraft must fly to and from the aerial photography or inspection location. In contrast, a sUASs 

weighing fewer than 55 lbs. and powered by batteries eliminates virtually all of that risk given 

the reduced mass and lack of combustible fuel carried on board. The sUASs are carried to the 

aerial photography or inspection site and not flown. The sUASs will carry no passengers or crew 

and, therefore, cannot and will not expose them to the risks associated with manned aircraft 

flights. 

The operation of sUASs, weighing less than 55 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 in a sterile environment and, as a result, are far safer than conventional operations 

conducted with turbine helicopters or other manned aircraft operating in close proximity to the 

ground and people. 

Satisfaction of the criteria provided in Section 333 of the Reform Act - 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 sUASs in the aerial 

photography and inspection industry pursuant to the Safety Checklist appended hereto. 

On behalf of the Applicant, 

FAFINSKI MARK & JOHNSON, P.A. 

~-/fC lf 

Garrett B. Caffee, Esq. 

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