July 24, 2015

Exemption No. 12138

Regulatory Docket No. FAA–2015–1620

Mr. Thomas Dickey

sUAS Manager

Garner Environmental Services, Inc.

1717 West 13th Street

Deer Park, Texas 77536

Dear Mr. Dickey:

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 March 25, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Garner Environmental Services, Inc. (hereinafter petitioner or operator) for an 

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

conduct aerial photography , surveying, mapping, andvideography.

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

the regulations that the petitioner seeks an exemption.

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

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

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

Airworthiness Certification

The UAS proposed by the petitioner are the DJI Phantom 2 and DJI S1000.

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 
2

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, Garner Environmental Services, Inc. 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, Garner Environmental Services, Inc. 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 and 

DJI S1000 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 
4

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 

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 July 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
GARNER ENVIRONMENTAL SERVICES, INC. 

CORPORATE OFFICE: 1717 W. 13TH STREET, DEER PARK, TX 77536 281-930-1200 800-424-1716

March 25, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Request under Section 333 of the Federal Aviation Administration Modernization 

and Reform Act of 2012 and Part 11 of the Federal Aviation Regulations

Dear Sir or Madam:

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

Act) and 14 C.F.R. Part 11, Garner Environmental Services, Inc., operator of Small Unmanned 

Aircraft Systems (“sUASs”) equipped to conduct aerial photography for the purpose of emergency 

response to incidents involving hazardous materials, industrial services, disaster services and 

support, topographical surveying, and mapping, 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.

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

operations under the current regulatory structure specifically, a safety enhancement to aerial 

imagery and videography conducted by manned aviation operations.

The use of Small Unmanned Aerial Systems (“sUASs”) for aerial imagery and 

videography by Garner Environmental Services, Inc. reduces the need to use manned aircraft 

activities to perform the same function. Furthermore, the ability to use sUASs reduces the 

exposure risk to personnel operating in a hazardous environment by negating the need to make 

reconnaissance entries into areas without adequate intelligence. Therefore, it is in the best 

interest of the Public for the FAA to approve the requested exemptions.

Sincerely,

Thomas Dickey

sUAS Manager

Garner Environmental Services, Inc.

1717 West 13th Street

Deer Park, Texas 77536

(281)930-1200

Page 1 of 15
UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

Regulatory Docket No.______________________________________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: GARNER ENVIRONMENTAL 

SERVICES, INC. 

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF 

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 61.113(a), 61.133(b), 91.119(c), 91.151(a), 91.405(a), 91.407(a)(1),

91.409(a)(1)&(2), 91.417(a), 121 CONCERNING OPERATION OF UNMANNED

AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND 

REFORM ACT OF 2012

Submitted on ________________________

OFFICES 

DEER PARK, TX PORT ARTHUR, TX PORT ARTHUR, TX LA MARQUE, TX WILLISTON, ND

(OPERATIONS & TRAINING) (OPERATIONS) (TRAINING) (OPERATIONS) (OPERATIONS)

281-930-1200 409-983-5646 409-984-9836 409-935-0308 701-577-1200

Page 2 of 15
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)..........................................................7

Operation of sUAS............................................................................................8

Requested Exemptions from Regulations...........................................................10

Public Interest.................................................................................................13

Conclusion.....................................................................................................14

 OFFICES

DEER PARK, TX PORT ARTHUR, TX PORT ARTHUR, TX LA MARQUE, TX WILLISTON, ND

(OPERATIONS & TRAINING) (OPERATIONS) (TRAINING) (OPERATIONS) (OPERATIONS)

281-930-1200 409-983-5646 409-984-9836 409-935-0308 701-577-1200

Page 3 of 15
Glossary of Abbreviations

AGL Above Ground Level

ATC Air Traffic Control

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

NAS National Airspace System

NOTAM Notice To Airmen

PIC Pilot in Command

PQS Personnel Qualification System

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

SOP Standard Operating Procedures

sUAS Small Unmanned Aircraft Systems

VFR Visual Flight Rules

VMC Visual Meteorological Conditions

VO Visual Observer

VLOS Visual Line of Sight

OFFICES 

DEER PARK, TX PORT ARTHUR, TX PORT ARTHUR, TX LA MARQUE, TX WILLISTON, ND

(OPERATIONS & TRAINING) (OPERATIONS) (TRAINING) (OPERATIONS) (OPERATIONS)

281-930-1200 409-983-5646 409-984-9836 409-935-0308 701-577-1200

Page 4 of 15
List of Attachments

(1) DJI Phantom 2 Operating Manual

(2) DJI S1000 Operating Manual

(3) DJI Ground Station User’s Manual

(4) DJI 5.8Ghz Bluetooth Link Manual

(5) FAA Registration for DJI Phantom 2 Number N5334G

(6) FAA Registration for DJI S1000 Number N534VG

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

and commercial proprietary information that Garner Environmental Services, Inc. has not and will 

not share with others except under appropriate confidentiality agreements. The Garner 

Environmental Services, Inc. Health and Safety Manual attachment contains operating conditions 

and procedures that have been developed exclusively by Garner Environmental Services, Inc., 

and that are not available to the public. Garner Environmental Services, Inc. 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. 555 et seq.

Section 1: Introduction and Interest of Petitioner

Garner Environmental Services, Inc. is a leading provider of emergency response services for oil 

spills, hazardous materials releases, and natural and man-made disasters. Furthermore, Garner 

Environmental Services, Inc. provides industrial services to the petrochemical industry, including 

inspections, mapping, aerial imagery, and reconnaissance for incidents. Our safety record and 

professionalism for every job is what has set us apart as an emergency response company.

Garner Environmental Services, Inc. does not currently have any FAA approved COAs. However, 

we will be filing following this exemption request.

Section 2: Unmanned Aerial Systems

General Information Pertaining to All Proposed sUAS

Garner Environmental Services, Inc. will operate less than fifty five pound sUAS, with the ability to 

conduct aerial imagery and videography, 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 

 OFFICES

DEER PARK, TX PORT ARTHUR, TX PORT ARTHUR, TX LA MARQUE, TX WILLISTON, ND

(OPERATIONS & TRAINING) (OPERATIONS) (TRAINING) (OPERATIONS) (OPERATIONS)

281-930-1200 409-983-5646 409-984-9836 409-935-0308 701-577-1200

Page 5 of 15
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 Garner Environmental 

Services, Inc. Health and Safety Plan.

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 manufacturer’s manual and the Garner Environmental Services, Inc.

Health and Safety Plan. The PIC who conducts the test flight shall make an entry in the sUAS 

aircraft logbook of the flight.

Garner Environmental Services, Inc. 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.

Garner Environmental Services, Inc. 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.

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

and Safety Bulletin.

Garner Environmental Services, Inc. technicians will receive and document training referenced in 

the manufacturer’s operations manual.

Garner Environmental Services, Inc. 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

Garner Environmental Services, Inc. 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 2 has a maximum gross weight of approximately 

2.8 pounds, diameter (rotor span) of 23.75 inches, width of 12.5 inches, and a height of 8.1 

OFFICES 

DEER PARK, TX PORT ARTHUR, TX PORT ARTHUR, TX LA MARQUE, TX WILLISTON, ND

(OPERATIONS & TRAINING) (OPERATIONS) (TRAINING) (OPERATIONS) (OPERATIONS)

281-930-1200 409-983-5646 409-984-9836 409-935-0308 701-577-1200

Page 6 of 15
inches. The Phantom 2 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 Garner Environmental 

Services Health and Safety Plan and DJI Phantom 2 Operating Manual (Page 24).

DJI S1000

Garner Environmental Services, Inc. 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 a height of approximately 18 inches. The DJIS1000 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 documents in Garner Environmental Services 

Health and Safety Plan and DJI S1000 Operating Manual (Page 4).

Section 3: Unmanned Aircraft Pilot in Command (PIC)

All Garner Environmental Services, Inc. flight crews, including PIC and visual observers (VO), will 

be qualified as directed by the Garner Environmental Services, Inc. Health and Safety Plan.

All flight crew members, including the 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 Section 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 second class airman medical certificate and a Garner 

Environmental Services, Inc. Qualification Card for the specified aircraft. Additionally, the PIC 

must have completed an FAA-approved Ground School for Private Pilots, have attended 

advanced manufacture’s training, and have logged a minimum of 25 hours of total time as an 

sUAS pilot and at least ten hours as an sUAS pilot with a 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.

Prior to operations conducted for the purpose of aerial imagery and videography (or similar 

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

 OFFICES

DEER PARK, TX PORT ARTHUR, TX PORT ARTHUR, TX LA MARQUE, TX WILLISTON, ND

(OPERATIONS & TRAINING) (OPERATIONS) (TRAINING) (OPERATIONS) (OPERATIONS)

281-930-1200 409-983-5646 409-984-9836 409-935-0308 701-577-1200

Page 7 of 15
Section 61.51(b), a minimum of five hours as an sUAS PIC operating the make and model of the 

sUAS to be utilized for operations under this request exemption, and three take-offs and landings 

in the preceding 90 days. Training, proficiency, experience building, 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 non-participants, and the PIC must operate the sUAS with appropriate distance from 

the non-participants 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) 

requirements as along 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: Operation of sUAS

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.

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 Garner 

Environmental Services Health and Safety Plan.

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 t 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 (N-Number) 

markings in accordance with 14 CFR part 45, Subpart C. Markings will be as large as practical.

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.

OFFICES 

DEER PARK, TX PORT ARTHUR, TX PORT ARTHUR, TX LA MARQUE, TX WILLISTON, ND

(OPERATIONS & TRAINING) (OPERATIONS) (TRAINING) (OPERATIONS) (OPERATIONS)

281-930-1200 409-983-5646 409-984-9836 409-935-0308 701-577-1200

Page 8 of 15
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 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.

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.

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 the 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 non-participating persons unless 

barriers or structures are present that sufficiently protect non-participating persons from the sUAS 

and/or debris in the event of an accident. Garner Environmental Services, Inc. shall ensure that 

non-participating 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.

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.

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. 

 OFFICES

DEER PARK, TX PORT ARTHUR, TX PORT ARTHUR, TX LA MARQUE, TX WILLISTON, ND

(OPERATIONS & TRAINING) (OPERATIONS) (TRAINING) (OPERATIONS) (OPERATIONS)

281-930-1200 409-983-5646 409-984-9836 409-935-0308 701-577-1200

Page 9 of 15
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 the VO 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 functions prescribed in Garner Environmental Services, Inc. Health and 

Safety Plan.

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

be conducted at night as defined in 14 CFR 1.1.

Garner Environmental Services, Inc. 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 

operations can be completed safely. Specific procedures are addressed in Garner Environmental 

Services, Inc. Health and Safety Plan and the sUAS Operators Manual.

Should operations require a notification to the Flight Standards District Office, such as pipeline or 

power line patrol, Garner Environmental Services, Inc. will notify the appropriate office via letter of 

intent at least 72 hours prior to the operation.

Garner Environmental Services, Inc. shall obtain an Air Traffic Organization issued Certificate of 

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

exemption. Additionally, Garner Environmental Services, Inc. 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 CFR Part 21.185 Airworthiness Certificate Garner Environmental 

Services, Inc. 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.

14 CFR Part 45.23 (b) Display of marks Garner Environmental 

Services, Inc. sUAS 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. 

OFFICES 

DEER PARK, TX PORT ARTHUR, TX PORT ARTHUR, TX LA MARQUE, TX WILLISTON, ND

(OPERATIONS & TRAINING) (OPERATIONS) (TRAINING) (OPERATIONS) (OPERATIONS)

281-930-1200 409-983-5646 409-984-9836 409-935-0308 701-577-1200

Page 10 of 15
Markings will be as large as 

practical. Relief is not 

necessary.

14 CFR 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 CFR 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 CFR Part 91.7(a) Civil Aircraft Airworthiness Garner Environmental 

Services, Inc. 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 CFR 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.

 OFFICES

DEER PARK, TX PORT ARTHUR, TX PORT ARTHUR, TX LA MARQUE, TX WILLISTON, ND

(OPERATIONS & TRAINING) (OPERATIONS) (TRAINING) (OPERATIONS) (OPERATIONS)

281-930-1200 409-983-5646 409-984-9836 409-935-0308 701-577-1200

Page 11 of 15
14 CFR Part 91.103 Preflight Action Garner Environmental 

Services, Inc. will perform. 

Relief is not necessary.

14 CFR Part 91.109(a) Flight Instruction Garner Environmental 

Services, Inc. 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 CFR 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 CFR Part 121 Altimeter Settings The proposed aircraft have a 

barometric altimeter and GPS 

derived altitude capabilities. 

Garner Environmental 

Services, Inc. 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 CFR 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 CFR Part 91.203(a) and 

(b)

Certifications Required Original intent of these 

regulations was to display an 

aircraft’s airworthiness, 

OFFICES 

DEER PARK, TX PORT ARTHUR, TX PORT ARTHUR, TX LA MARQUE, TX WILLISTON, ND

(OPERATIONS & TRAINING) (OPERATIONS) (TRAINING) (OPERATIONS) (OPERATIONS)

281-930-1200 409-983-5646 409-984-9836 409-935-0308 701-577-1200

Page 12 of 15
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.

14 CFR Part 91.405(a) Maintenance Required Request relief with 

limitations and conditions 

specified in this petition.

14 CFR Part 91.407(a)(1) Operation After Maintenance Request relief with 

limitations and conditions 

specified in this petition.

14 CFR Part 91.409(a)(1) and 

(2)

Inspections Request relief with 

limitations and conditions 

specified in this petition.

14 CFR Part 91.417(a) and 

(b)

Maintenance Records Request relief with 

limitations and conditions 

specified in this petition.

Public Interest

Garner Environmental Services, Inc. operations of sUAS to perform aerial imagery and 

videography will reduce risk to life and property by decreasing the requirements of personnel to 

operate manned aircraft to perform these tasks. Garner Environmental Services, Inc. will use 

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

commonly utilized to conduct aerial imagery and videography. 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. The 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 aerial imagery 

and videography conducted by manned aircraft.

 OFFICES

DEER PARK, TX PORT ARTHUR, TX PORT ARTHUR, TX LA MARQUE, TX WILLISTON, ND

(OPERATIONS & TRAINING) (OPERATIONS) (TRAINING) (OPERATIONS) (OPERATIONS)

281-930-1200 409-983-5646 409-984-9836 409-935-0308 701-577-1200

Page 13 of 15
A Summary That Can Be Published In The Federal Register, Stating: The Rules From 

Which Garner Environmental Services, Inc. Seeks Exemption:

Garner Environmental Services, Inc. seeks exemption from the requirements of 14 C.F.R. §§ 

61.113(a), 61.133(b), 121, 91.119(c), 91.151(a), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), 

and 91.417(a).

CONCLUSION

OFFICES 

DEER PARK, TX PORT ARTHUR, TX PORT ARTHUR, TX LA MARQUE, TX WILLISTON, ND

(OPERATIONS & TRAINING) (OPERATIONS) (TRAINING) (OPERATIONS) (OPERATIONS)

281-930-1200 409-983-5646 409-984-9836 409-935-0308 701-577-1200

Page 14 of 15
As set forth above, Garner Environmental Services, Inc. seeks an exemption pursuant to 14 

C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012, which will 

permit safe operation of the above-named sUAS commercially for the purpose of conducting 

aerial imagery and videography over other than congested areas. By granting this Petition, the 

FAA will allow Garner Environmental Services, Inc. to safely, effectively, and efficiently operate 

sUAS commercially.

Submitted on ___________________

Respectfully submitted,

Thomas Dickey

sUAS Manager

Garner Environmental Services, Inc.

1717 West 13th Street

Deer Park, Texas 77536

(281)930-1200

 OFFICES

DEER PARK, TX PORT ARTHUR, TX PORT ARTHUR, TX LA MARQUE, TX WILLISTON, ND

(OPERATIONS & TRAINING) (OPERATIONS) (TRAINING) (OPERATIONS) (OPERATIONS)

281-930-1200 409-983-5646 409-984-9836 409-935-0308 701-577-1200

Page 15 of 15