TRIBAL EXECUTIVE COMMITTEE 

P.O. BOX 305 • LAPWAI, IDAHO 83540 • (208) 843-2253 

July 28, 2015 

Docket Operations, M-30 

U.S. Department of Transportation 

1200 New Jersey Ave., SE, Room W12-140 

West Building Ground Floor 

Washington, DC 20590-001 

Re: Nez Perce Tribe's Petition for a Summary Grant of an Expedited Section 333 

Exemption to Operate Small Unmanned Aircraft Systems for Aerial Data Collection 

Dear Sir or Madam: 

The Nez Perce Tribe respectfully petitions for a summary grant of an expedited exemption from 

Federal Aviation Regulations (PARs), pursuant to Section 333 ofthe FAA Modernization Act of 

2012 and 14 CFR Part 11, to operate small Unmanned Aircraft Systems (sUAS) for aerial data 

collection. 

The Tribe's use of sUAS for aerial data collection will assist the Tribe in carrying out functions 

including biological, fisheries, wildlife, land, forestry, environmental and natural resources 

research, monitoring, and' management. 

The FAA has granted numerous summary grants of exemptions for the sUAS the Tribe intends 

to use (the SenseFly eBee and the MikroKopter) and the operations the Tribe intends to conduct 

(aerial data collection for environmental monitoring and wildlife conservation). 1 

1 senseFiy eBee: Grants of Exemption Nos. 11170 (see Docket No. FAA-2014-0824); 11193 (FAA-2014-0872); 

11194 (FAA-2014-0910); 11227 (FAA-2014-0678); 11263 (FAA-2014-0727); 11266 (FAA-2014-0733); 11273 

(FAA-2014-0913); 11285 (FAA-20 14-10 15); 11329 (FAA-20 15-0012); 11331 (FAA-2015-0019); 11340 (FAA2015-0022); 11374 (FAA-2015-0091); 11441 (FAA-2015-0216); 11446 (FAA-2015-0890); 11485 (FAA-2015-

0313); 11486 (FAA-2015-0308); 11518 (FAA-2015-0427); 11523 (FAA-2015-0335); 11537 (FAA-2015-0461); 

11544 (FAA-2015-0402); 11628 (FAA-2015-0584); 11632 (FAA-2015-0574); 11646 (FAA-2015-0700); 11673 

(FAA-2015-0647); 11685 (FAA-2015-0737); 11745 (FAA-2015-0880); 11754 (FAA-2015-0922); 11764 (FAA~ 

2015-0974); 11797 (FAA-2015-1053). 

MikroKopter: Grants of Exemption Nos. 11251 (see Docket No. FAA-20 14-0826); 11488 (F AA-20 14-0990); 

11581 (FAA-2014-0874); 11732 (FAA-2015-0007); 11891 (FAA-2015-0778). 
U.S. Department of Transportation 

July 28, 2015 

Page2 

Additionally, the Tribe's petition agrees to all the standard restrictions set forth in the FAA's 

summary grants of similar exemptions. 

The Tribe understands that a "blanket" 200 foot Certificate of Authorization (COA) would 

automatically accompany any Section 333 exemption granted. 

Based on the FAA's recent guidance and the FAA's summary grants of exemptions, the Tribe's 

petition is eligible for a grant of a summary exemption. The Tribe respectfully requests the FAA 

to grant this exemption immediately. 

Please contact me if you have any questions. Thank you very much for your expeditious 

processing of the Nez Perce Tribe's petition. 

Sincerely, 

/}~~~ 

AnthorfY D. fc;h~ ~~ 

Chairman 
UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 

Regulatory Docket No. _____ _ 

NEZ PERCE TRIBE'S PETITION FOR SUMMARY GRANT OF EXPEDITED 

EXEMPTION PURSUANT TO SECTION 333 OF 

THE FAA MODERNIZATION AND REFORM ACT OF 2012 

FOR 

Petitioner 

AERIAL DATA COLLECTION 

USING 

SENSEFL Y EBEE AND MIKROKOPTER 

SMALL UNMANNED AIRCRAFT SYSTEMS 

Submitted on July 28, 2015 

Counsel for Petitioner 

Nez Perce Tribal Executive Committee 

Anthony D. Johnson, Chairman 

David J. Cummings, Senior Staff Attorney 

Nez Perce Tribe, Office of Legal Counsel 

P.O. Box 365 P.O. Box 305 

Lapwai, ID 83540 Lapwai, ID 83540 

(208) 843-2253 (208) 843-7355 
TABLE OF CONTENTS 

I. SUMMARY AND BACKGROUND .................. ............ ...... ..... .... .. .... ..... ......................... .. .. 1 

II. RELEVANT AUTHORITY ..................................................................... ......... ................ .. .. 3 

III. NAME AND ADDRESS OF PETITIONER ................ .... .. .................................................. 6 

IV. THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH THE NEZ PERCE 

TRIBE SEEKS EXEMPTION, THE REASON THE TRIBE SEEKS RELIEF, AND 

THE EXTENT OF THE RELIEF THE TRIBE SEEKS .................. ................................. 6 

V. THE NEZ PERCE TRIBE'S REQUESTED EXEMPTION IS IN THE PUBLIC 

INTEREST ... ..................................... .................... .............................................................. 15 5 

VI. A SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER. ......... 18 

APPENDIX A ....... ..... .. ............. ..... ................... ............... ............................ ............................ ..... 19 
I. SUMMARY AND BACKGROUND 

The Nez Perce Tribe respectfully requests an expedited summary grant of exemption from 

certain Federal Aviation Regulations (F ARs) 1

, pursuant to Section 3 3 3 of the FAA 

Modernization Act of2012, to operate the senseFly eBee and the MikroKopter small Unmanned 

Aircraft Systems (sUAS) for aerial data collection. 

The Tribe's use ofsUAS for aerial data collection will assist the Tribe in carrying out functions 

including biological, fisheries, wildlife, land, forestry, environmental and natural resources 

research, monitoring, and management. 

The FAA has granted numerous summary grants of exemptions for the sUAS the Tribe intends 

to use (the SenseFly eBee and the MikroKopter) and the operations the Tribe intends to conduct 

(aerial data collection for environmental monitoring and wildlife conservation).2 

Additionally, the Tribe's petition agrees to all the standard conditions and limitations set forth in 

the FAA's summary grants of similar exemptions. (See Appendix A). 

The Tribe understands that a "blanket" 200 foot Certificate of Authorization (COA) would 

accompany any Section 333 exemption granted. 

Based on the FAA's recent guidance and the FAA's summary grants of exemptions, the Tribe's 

petition is eligible for a grant of a summary exemption. The Tribe respectfully requests the FAA 

to grant this exemption immediately. 

A. Petitioner Nez Perce Tribe. 

The Nez Perce Tribe is a federally recognized Indian tribe, governed by the Nez Perce Tribal 

Executive Committee. 

1 14 C.F.R. §§ 21.173; 21.175(a) and (b); 45.23 (a) and (b); 45.27(a); 45.29(a), (b)(3), (c)(d), (e) and (f); 

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)(l) & (a)(2); and, 91.417(a) & (b). 

2 senseF1y eBee: Grants of Exemption Nos. 11170 (see Docket No. FAA-2014-0824); 11193 (FAA-2014-

0872); 11194 (FAA-2014-0910); 11227 (FAA-2014-0678); 11263 (FAA-2014-0727); 11266 (FAA-2014-

0733); 11273 (FAA-2014-0913); 11285 (FAA-2014-1015); 11329 (FAA-2015-0012); 11331 (FAA-2015-

0019); 11340 (FAA-2015-0022); 11374 (FAA-2015-0091); 11441 (FAA-2015-0216); 11446 (FAA-2015-

0890); 11485 (F AA-20 15-0313 ); 11486 (F AA-20 15-0308); 11518 (F AA-20 15-0427); 11523 (F AA-20 15-

0335); 11537 (FAA-2015-0461); 11544 (FAA-2015-0402); 11628 (FAA-2015-0584); 11632 (FAA-2015-

0574 ); I 1646 (F AA-20 15-0700); 11673 (F AA-20 15-064 7); 11685 (F AA-20 15-073 7); 11745 (F AA-20 15-

0880); 11754 (FAA-2015-0922); 11764 (FAA-2015-0974); 11797 (FAA-2015-1053). 

MikroKopter: Grants of Exemption Nos. 11251 (see Docket No. FAA-2014-0826); 11488 (FAA-2014-

0990); 11581 (FAA-2014-0874); 11732 (FAA-2015-0007); 11891 (FAA-2015-0778). 
B. Petitioner Nez Perce Tribe's Proposed sUAS- the senseFly eBee and the 

MikroKopter. 

The eBee is a small (37.8 inches wingspan) and ultra-light (maximum take-off weight of 1.7 

pounds) platform made of flexible foam that performs pre-programmed precision aerial mapping 

missions thanks to the on-board GPS and the related flight management software (eMotion) that 

allows the operator to plan safely and efficiently a mission in 3D, and then monitor it in real-time. 

Thanks to the embedded camera, protected by a foam envelope, the eBee takes a collection of highdefinition still images that are used later to generate maps and contour lines of the surveyed area. 

The four main characteristics of the eBee are: 

• Very light weight 

The eBee is so light that the operator can launch it by hand and let it land on almost any surface 

without requiring a parachute or landing net (belly land). Its low impact energy (38 J in case of a 

controlled emergency landing) also significantly reduces the risk of hazardous situations. Finally, 

the wings of the eBee are detachable and made of flexible foam with no sharp or hard edges and 

almost no internal strengthening structure. 

• Electric-powered 

The eBee is electric powered. A brushless engine technology makes it silent and reliable. The 

propeller is attached with a rubber band to the body of the plane so that it can easily flex away in 

case of contact with any object. 

• Semi-automatic flight 

The artificial intelligence incorporated within the eBee autopilot system continuously analyzes data 

from the Inertial Measurement Unit and from the onboard GPS and takes care of all the aspects of 

the flight under the supervision of the operator. 

• Option for Manual control 

Additionally, the eBee provides an override capability that allows the operator to take manual 

actions during the flight (Go to Home, Go Land, Hold and Resume the mission) and also suspend 

automated operations and take manual control of the aircraft should it become necessary to respond 

to emergent circumstances, thanks to the remote controller provided with the system. 

The MikroKopter UAS, is built and distributed by Quadcopter, LLC, in Montana. The 

MikroKopter UAS consists of a lightweight hexa-rotor craft (Hexacopter), a laptop computerbased ground control system, and a 2.4 GHz radio control transmitter commonly associated with 

recreational models. The Hexacopter has a ten inch diameter central hub, protected by a plastic 

dome, that contains all of the major electrical components, including microchips for flight and 

navigation control, onboard GPS, flight recording, multi-axis accelerometers (for autostabilization), and remote control radio receivers. Six regularly spaced aluminum arms radiate 

out horizontally from the central hub. A small brushless motor and propeller blade are attached 

to the distal end of each arm. Along the bottom of the forward arm are a set of bright red LED 

2 
lights, and along two of the rear facing legs are sets of bright blue LED lights. These lights are 

on when the sUAS is under power, enhancing visibility of the sUAS for personnel on the ground. 

Directly beneath the central hub is a camera mount that can hold a payload of approximately 150 

grams. The Hexacopter has an overall diameter of approximately 2.3 feet, stands about one foot 

high, and weighs slightly less than five pounds (with camera payload). The Hexacopter is battery 

operated and can maintain flight for approximately 20 minutes on a full charge. Typical cruising 

speed over the ground is approximately ten nautical miles per hour, and maximum speed is 

approximately 35 nautical miles per hour. The Hexacopter carries onboard either a GoPro video 

or a small Pentax still camera. 

C. Petitioner Nez Perce Tribe's Proposed Use of the eBee and MikroKopter sUAS. 

The Tribe's use of sUAS for aerial data collection will assist the Tribe in carrying out functions 

including biological, fisheries, wildlife, land, forestry, environmental and natural resources 

research, monitoring, and management. 

II. RELEVANT AUTHORITY 

In addition to the FAA's authority found in 49 U.S.C. § 106(f) and 49 U.S.C. § 40013, the 

following laws, rules, and policies provide the basis for the Nez Perce Tribe's requested 

exemption: 

A. Section 333 of the FAA Modernization and Reform Act of2012. 

Section 333 of the Reform Act is a pathway for "expedited operational authorization." Section 

332(b). Section 333 expressly grants the FAA, through the Secretary of Transportation, the 

authority to "determine if certain unmanned aircraft systems may operate safely in the national 

airspace system before completion of the plan and rulemaking required by" other sections of the 

Reform Act. Section 333(b) outlines the factors that the FAA shall use to determine whether 

UAS may be operated safely in the national airspace system: "size, weight, speed, 

operationalcapability, proximity to airports and populated areas, and operation within visual line 

of sight." In addition, Section 333(b )(2) provides the Administration with the discretion to 

determine that a certificate of waiver, certificate of authorization, or airworthiness certification is 

not required to operate UAS that are found to be appropriate under Section 333(b)(1). Finally, 

Section 333(c) allows the FAA to establish requirements for safe operation ofthe UAS 

determined to be able to be operated safely in the national airspace system. 

B. 49 U.S.C. Section 44701(f). 

In addition to its specific authority related to authorizing UAS operation under Section 333, the 

FAA has general authority to grant exemptions from its safety requirements and minimum 

standards ifthe FAA finds that the exemption is in the public interest. 49 U.S.C. § 44701(f). 

FAA regulations set forth the information that must be included in a petition for exemption: (1) 

the applicant's name and mailing address; (2) the regulations from which the applicant seeks 

exemption; (3) the extent of the relief sought and why; ( 4) the reasons why granting the request 

would be in the public interest and how it would benefit the public as a whole; and (5) the 

reasons why granting the exemption would not adversely affect safety, or how the exemption 

3 
would provide a level of safety at least equal to the rule from which the applicant seeks 

exemption. 14 C.P.R.§ 11.81. 

C. 14 C.F.R. § 11.61. 

This provides the FAA the authority to grant exemptions to any current regulation of 14 C.F .R. 

D. FAA Utilization of Summary Grants of Exemption for Aerial Data Collection and 

Film/Television Production and Interim Policy on Blanket Certificate of Waiver or 

Authorization (COA). 

The FAA has utilized a "summary grant" process for Section 333 exemption petitions that fall 

into two categories: aerial data collection and film/television production. 

https://www.faa.gov/news/updates/?newsld=82485 ("FAA Summary Grants Speed UAS 

Exemptions)". The FAA's website states: 

The "summary grant" process the Federal Aviation Administration used last week to 

issue 30 Section 333 unmanned aircraft systems (UAS) is another example of how the 

agency is using a flexible regulatory approach to accommodate this rapidly evolving 

technology. 

The new approach will speed up Section 333 exemption approvals for many commercial 

UAS operators. Section 333 is the part of the 2012 FAA reauthorization law that lets the 

Secretary of Transportation determine if certain low-risk UAS operations can be 

authorized prior to finalizing the small UAS proposed rule published this February. 

Although the FAA still reviews each Section 333 petition individually, the agency can 

issue a summary grant when it finds it has already granted a previous exemption similar 

to the new request. Summary grants are far more efficient because they don't need to 

repeat the analysis performed for the original exemption on which they are based. 

Summary grants are a tool the FAA can use in all exemption areas, not just UAS. 

The FAA's experience in reviewing the Section 333 petitions shows they generally fall 

into two categories: film/television production and aerial data collection. Most 

exemptions in these categories will likely be handled through the summary grant process. 

For unique requests, the agency will still publish the petition in the Federal Register for 

public comment and will conduct a detailed analysis. 

The FAA also made two other changes to the Section 333 exemption process: 

• The agency now allows operations under these exemptions by people who hold a recreational 

or sport pilot certificate. Previously, Section 333 operators were required to have at least a 

private pilot certificate. The newly added certificates are easier to obtain, and therefore less 

costly, than a private pilot certificate. 

• A third class medical certificate is no longer required. Now, a Section 333 operator only 

needs a valid driver's license to satisfy the medical requirement. This change is consistent 

with the agency's approach for sport pilot certificate holders, who may fly light sport aircraft 

with a driver's license and no FAA medical certificate. 

4 
The FAA's interim policy streamlining UAS CO A's for Section 333 is found at: 

https://www.faa.gov/news/updates/?newsld=82245. The FAA's website states: 

The Federal Aviation Administration has established an interim policy to speed up 

airspace authorizations for certain commercial unmanned aircraft (UAS) operators who 

obtain Section 333 exemptions. The new policy helps bridge the gap between the past 

process, which evaluated every UAS operation individually, and future operations after 

we publish a final version of the proposed small UAS rule. 

Under the new policy, the FAA will grant a Certificate of Waiver or Authorization 

(COA) for flights at or below 200 feet to any UAS operator with a Section 333 exemption 

for aircraft that weigh less than 55 pounds, operate during daytime Visual Flight Rules 

(VFR) conditions, operate within visual line of sight (VLOS) of the pilots, and stay 

certain distances away from airports or heliports: 

o 5 nautical miles (NM) from an airport having an operational control tower; or 

o 3 NM from an airport with a published instrument flight procedure, but not an 

operational tower; or 

o 2 NM from an airport without a published instrument flight procedure or an 

operational tower; or 

o 2 NM from a heliport with a published instrument flight procedure 

The "blanket" 200-foot COA allows flights anywhere in the country except restricted 

airspace and other areas, such as major cities, where the FAA prohibits UAS operations. 

Previously, an operator had to apply for and receive a COA for a particular block of 

airspace, a process that can take 60 days. The agency expects the new policy will allow 

companies and individuals who want to use UAS within these limitations to start flying 

much more quickly than before. 

Section 333 exemption holders will automatically receive a "blanket" 200 foot COA. For 

new exemption holders, the FAA will issue a COA at the time the exemption is approved. 

Anyone who wants to fly outside the blanket parameters must obtain a separate COA 

specific to the airspace required for that operation. 

5 
III. NAME AND ADDRESS OF PETITIONER 

Nez Perce Tribe 

Anthony D. Johnson, Chairman 

P.O. Box 365 

Lapwai, Idaho 83540 

208.843.2253 

Counsel for Petitioner: 

David J. Cummings 

Senior Staff Attorney 

Nez Perce Tribe, Office of Legal Counsel 

P.O. Box 305 

Lapwai, ID 83540 

208.843.7355 

IV. THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH THE NEZ PERCE 

TRIBE SEEKS EXEMPTION, THE REASON THE TRIBE SEEKS RELIEF, AND 

THE EXTENT OF THE RELIEF THE TRIBE SEEKS 

A. AIRWORTHINESS CERTIFICATES: 14 C.F.R § 21.173, and 14 CFR § 21.175(a) 

& (b). 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates,§ 21.173 and§ 21.175(a) and (b), 

provide: 

Section 21.173, entitled Eligibility, states: 

Any registered owner of a U.S.-registered aircraft (or the agent of the owner) may 

apply for an airworthiness certificate for that aircraft. An application for an 

airworthiness certificate must be made in a form and manner acceptable to the 

FAA, and may be submitted to any FAA office. 

Section 21.175, entitled Airworthiness certificates: classification, states: 

(a) Standard airworthiness certificates are airworthiness certificates issued for 

aircraft type certificated in the normal, utility, acrobatic, commuter, or transport 

category, and for manned free balloons, and for aircraft designated by the FAA as 

special classes of aircraft. 

(b) Special airworthiness certificates are primary, restricted, limited, light-sport, 

and provisional airworthiness certificates, special flight permits, and experimental 

certificates. 

Reason Tribe Seeks Relief: Part 21 establishes procedural requirements for certifications under 

Section 44704, including airworthiness certificates. Both Sections 333 and 44701(b) authorize 

the FAA to exempt aircraft from airworthiness certification under this Part based upon 

6 
consideration of its size, weight, speed, operational capability, and proximity to airports and 

populated areas. 

An exemption from the airworthiness certification requirement is appropriate here given the 

small size, light weight, speed, and limited operating area of the sense Fly eBee and RotoKopter 

sUASs that the Tribe intends to use. 

Extent of Relief Tribe Seeks: 

The FAA has previously and routinely determined that the senseFly eBee and the MikroKopter 

meet the conditions of Section 333, and thus that relief from 14 CFR part 21 concerning 

Airworthiness Certificates is not necessary: 

senseFly eBee: Grants of Exemption Nos. 11170 (see Docket No. FAA-2014-0824); 

11193 (FAA-2014-0872); 11194 (FAA-2014-0910); 11227 (FAA-2014-0678); 11263 

(FAA-2014-0727); 11266 (FAA-2014-0733); 11273 (FAA-2014-0913); 11285 (FAA2014-1015); 11329 (FAA-2015-0012); 11331 (FAA-2015-0019); 11340 (FAA-2015-

0022); 11374 (FAA-2015-0091); 11441 (FAA-2015-0216); 11446 (FAA-2015-0890); 

11485 (FAA-2015-0313); 11486 (FAA-2015-0308); 11518 (FAA-2015-0427); 11523 

(FAA-2015-0335); 11537 (FAA-2015-0461); 11544 (FAA-2015-0402); 11628 (FAA2015-0584); 11632 (FAA-2015-0574); 11646 (FAA-2015-0700); 11673 (FAA-2015-

0647); 11685 (FAA-2015-0737); 11745 (FAA-2015-0880); 11754 (FAA-2015-0922); 

11764 (FAA-2015-0974); 11797 (FAA-2015-1053). 

MikroKopter: Grants of Exemption Nos. 11251 (see Docket No. FAA-2014-0826); 

11488 (FAA-2014-0990); 11581 (FAA-2014-0874); 11732 (FAA-2015-0007); 11891 

(FAA-2015-0778). 

The Tribe seeks the same determination that the FAA has made in granting summary exemptions 

for the senseFly eBee and the MikroKopter: 

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 3 3 3. 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. 

E.g., Grant ofExemption No. 11685 (FAA-2015-0737) (senseFly eBee); Grant ofExemption 

No. 11891 (FAA-2015-0778) (MikroKopter). 

7 
B. DISPLAY OF MARKS, LOCATION OF MARKS, SIZE OF MARKS: 14 C.F.R. § 

45.23(a) and (b); 14 C.F.R. § 45.27(a); 14 C.F.R. § 45.29(a), (b)(3), (c), (d), (e), and 

(f). 

14 C.F.R. § 45.23, entitled Display of marks; general, provides: 

(a) Each operator of an aircraft must display on that aircraft marks consisting of the 

Roman capital letter "N" (denoting United States registration) followed by the 

registration number of the aircraft. Each suffix letter used in the marks displayed must 

also be a Roman capital letter. 

(b) 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. 

14 C.F.R. § 45.25, entitled Location of marks on fixed-wing aircraft, provides: 

(b) The marks required by paragraph (a) of this section must be displayed as follows: 

(1) If displayed on the vertical tail surfaces, horizontally on both surfaces, 

horizontally on both surfaces of a single vertical tail or on the outer surfaces of a 

multivertical tail. However, on aircraft on which marks at least 3 inches high may be 

displayed in accordance with §45.29(b)(1), the marks may be displayed vertically on 

the vertical tail surfaces. 

(2) If displayed on the fuselage surfaces, horizontally on both sides of the fuselage 

between the trailing edge of the wing and the leading edge of the horizontal 

stabilizer. However, if engine pods or other appurtenances are located in this area 

and are an integral part of the fuselage side surfaces, the operator may place the 

marks on those pods or appurtenances. 

14 C.F.R. § 45.27, entitled Location of marks; nonfixed-wing aircraft, of marks, provides: 

(a) Rotorcraft. Each operator of a rotorcraft must display on that rotorcraft horizontally 

on both surfaces of the cabin, fuselage, boom, or tail the marks required by §45.23. 

14 C.F.R. § 45.29, entitled Size of marks, (for subsections noted above) provides: 

(a) Except as provided in paragraph (f) of this section, each operator of an aircraft must 

display marks on the aircraft meeting the size requirements of this section. 

(b) Height. Except as provided in paragraph (h) of this part, the nationality and 

registration marks must be of equal height and on: 

(1) Fixed-wing aircraft, must be at least 12 inches high, except that: 

8 
(i) An aircraft displaying marks at least 2 inches high before November 1, 

1981 and an aircraft manufactured after November 2, 1981, but before 

January 1, 1983, may display those marks until the aircraft is repainted or 

the marks are repainted, restored, or changed; 

(ii) Marks at least 3 inches high may be displayed on a glider; 

(iii) Marks at least 3 inches high may be displayed on an aircraft for which 

the FAA has issued an experimental certificate under § 21.191 (d), § 

21.191 (g), or § 21.191 (i) of this chapter to operate as an exhibition 

aircraft, an amateur-built aircraft, or a light-sport aircraft when the 

maximum cruising speed ofthe aircraft does not exceed 180 knots CAS; 

and 

(iv) Marks may be displayed on an exhibition, antique, or other aircraft in 

accordance with§ 45.22. 

(3) Rotorcraft, must be at least 12 inches high, except that rotorcraft displaying 

before April18, 1983, marks required by§ 45.29(b)(3) in effect on April17, 

1983, and rotorcraft manufactured on or after April18, 1983, but before 

December 31, 1983, may display those marks until the aircraft is repainted or the 

marks are repainted, restored, or changed. 

(c) Width. Characters must be two-thirds as wide as they are high, except the number "1 ", 

which must be one-sixth as wide as it is high, and the letters "M" and "W" which may be 

as wide as they are high. 

(d) Thickness. Characters must be formed by solid lines one-sixth as thick as the 

character is high. 

(e) Spacing. The space between each character may not be less than one-fourth ofthe 

character width. 

(f) If either one of the surfaces authorized for displaying required marks under §45.25 is 

large enough for display of marks meeting the size requirements of this section and the 

other is not, full size marks must be placed on the larger surface. If neither surface is 

large enough for full size marks, marks as large as practicable must be displayed on the 

larger of the two surfaces. If no surface authorized to be marked by §45.27 is large 

enough for full-size marks, marks as large as practicable must be placed on the largest of 

the authorized surfaces. However, powered parachutes and weight-shift-control aircraft 

must display marks at least 3 inches high. 

Reason Tribe Seeks Relief: The senseFly eBee and MikroKopter sUASs that the Tribe intends 

to use are small and do not have the conventional parts and surface area on which the marking 

could be displayed. 

9 
Extent of Relief Tribe Seeks: The FAA, in issuing summary grants of exemption for aerial data 

collection using the senseFly eBee and the MikroKopter sUASs, has imposed standard 

conditions and limitations that provide: 

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 (NNumber) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as 

large as practicable. 

Further relief beyond an exemption with the standard conditions and limitations is not necessary. 

The senseFly eBee and MikroKopter sUASs that the Tribe intends to use will be identified by 

serial number; will be registered in accordance with 14 CFR part 47; and, will have identification 

(N-Number) markings in accordance with 14 CFR part 45, Subpart C, with markings as large as 

practicable. 

C. MEDICAL CERTIFICATES: 14 C.F.R. § 61.23 (a) and (c). 

14 C.F.R. § 61.23, entitled Medical certificates: Requirement and duration, addresses (a) 

Operations requiring a medical certificate and (c) Operations requiring either a medical 

certificate or U.S. driver's license. 

Reason Tribe Seeks Relief: The FAA, in granting summary exemptions, has provided that a 

U.S. driver's license may be used in lieu of a third class medical certificate. Additionally, the 

FAA has announced that a Section 333 operator only needs a valid driver's license to satisfy the 

third class medical certificate requirement, noting that this change is consistent with the agency's 

approach for sport pilot certificate holders, who may fly light sport aircraft with a driver's license 

and no FAA medical certificate. https://www.faa.gov/news/updates/?newsld=82245 

Extent of Relief Tribe Seeks: The extent ofreliefthe Tribe seeks is a determination that a U.S. 

driver's license may be used in lieu of a third class medical certificate. This relief is consistent 

with the FAA's practice of determining that a U.S. driver's license may be used in lieu of a third 

class medical certificate, and the FAA's announcement that a Section 333 operator only needs a 

valid driver's license to satisfy the third class medical certificate requirement, no further relief is 

necessary. The Tribe's Section 333 operator will have a valid driver's license. 

D. RECREATIONAL PILOT PRIVILEGES AND LIMITATIONS: 14 C.F.R. § 

61.101(e)(4) and (5); and, SPORT PILOT LIMITATIONS: 14 C.F.R. § 61.315(a). 

14 C.F.R. § 61.101(e)(4) and (5) addresses recreational pilot privileges and limitations, and 

14 C.F .R. § 61.315( a) addresses sport pilot privileges and limitations. 

Reason Tribe Seeks Relief: The FAA has routinely granted summary exemptions for the 

senseFly eBee and MikroKopter sUASs that the Tribe intends to use for aerial data collection, 

with the condition and limitation that the "PIC [Pilot-in-Command] must hold either an airline 

transport, commercial, private, recreational, or sport pilot certificate." 

Extent of Relief Tribe Seeks: The extent of the relief the Tribe seeks is the FAA's standard 

sUAS condition and limitation that the "PIC must hold either an airline transport, commercial, 

private, recreational, or spmt pilot certificate", consistent with the FAA's previous and routine 

10 
grants of summary exemptions for the senseFly eBee and MikroKopter sUASs used for aerial 

data collection. The Tribe will operate in accordance with such a condition and limitation. 

E. PRIVATE PILOT PRIVlLEGE AND LIMITATIONS: 14 C.F.R. § 61.113(a). 

14 C.F.R. § 61.113, entitled Private pilot privileges and limitations, provides: 

(a) Except as provided in paragraphs (b) through (h) of this section, no person who 

holds a private pilot certificate may act as pilot in command of an aircraft that is 

carrying passengers or property for compensation or hire; nor may that person, for 

compensation or hire, act as pilot in command of an aircraft. 

Reason Tribe Seeks Relief: Because the senseFly eBee and MikroKopter sUASs the Tribe 

intends to use will not carry a pilot or passengers, the proposed operations can achieve the 

equivalent level of safety of current operations by requiring the PIC operating the aircraft to have 

a private pilot's license rather than a commercial pilot's license to operate these sUASs. The 

FAA has routinely granted summary exemptions for the senseFly eBee and MikroKopter sUASs 

that the Tribe intends to use for aerial data collection, with the condition and limitation that the 

"PIC must hold either an airline transport, commercial, private, recreational, or sport pilot 

certificate." 

Extent of Relief Tribe Seeks: The extent ofthe reliefthe Tribe seeks is the FAA's standard 

sUAS condition and limitation that the "PIC must hold either an airline transport, commercial, 

private, recreational, or sport pilot certificate", consistent with the FAA's previous and routine 

grants of summary exemptions for the senseFly eBee and MikroKopter sUASs used for aerial 

data collection. The Tribe will operate in accordance with such a condition and limitation. 

F. CIVIL AIRCRAFT AIRWORTHINESS: 14 C.F.R. § 91.7(a). 

14 C.F.R. § 91.7 provides: 

(a) No person may operate a civil aircraft unless it is in an airworthy condition. 

Reason Tribe Seeks Relief: The Tribe seeks relief to the extent required to allow Tribal 

operators to determine that the senseFly eBee and MikroKopter sUASs are in an airworthy 

condition prior to every flight. Airworthiness will be determined by complying with the 

operating manual, and by complying with a pre-flight and post-flight checklist for each flight, 

including before first flight and after major maintenance or upgrades. 

Extent of Relief Tribe Seeks: The extent of the relief the Tribe seeks is the FAA's standard 

sUAS conditions and limitations with respect to airworthiness. 

G. MINIMUM SAFE ALTITUDES: 14 C.F.R. § 91.119(c). 

14 C.F.R. § 91.119 provides: 

Except when necessary for takeoff or landing, no person may operate an aircraft below 

the following altitudes: 

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c) Over other than congested areas. An altitude of 500 feet above the surface, except 

over open water or sparsely populated areas. In those cases, the aircraft may not be 

operated closer than 500 feet to any person, vessel, vehicle, or structure. 

Reason Tribe Seeks Relief: Because the Tribe intends to operate the senseFly eBee and 

MikroKopter sUASs at elevations less than 400 feet, AGL, the Tribe seeks relief from this 

regulation. 

Extent of Relief Tribe Seeks: The extent of the relief the Tribe requests is the FAA's standard 

sUAS condition and limitation that the sUAS "must be operated at an altitude of no more than 

400 feet above ground level (AGL). Altitude must be reported in feet AGL. The Nez Perce 

Tribe will conduct all sUAS operations below 400 AGL. ALTIMETER SETTINGS: 14 C.F.R. 

§ 91.121. 

14 C.F.R. § 91.121 (a) (1) provides that each person operating an aircraft shall maintain cruising 

altitude or flight level of that aircraft, as the case may be, "by reference to an altimeter that is set, 

when operating- (1) below 18,000 feet MSL, to -

(i) The current reported altimeter setting of a station along the route and within 100 

nautical miles of the aircraft; 

(ii) If there is no station within the area prescribed in paragraph (a)(l)(i) of this section, 

the current reported altimeter setting of an appropriate available station; or 

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure 

airport or an appropriate altimeter setting available before departure;" 

Reason Tribe Seeks Relief: As the senseFly eBee and MikroKopter 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 Manual's preflight 

requirements and checklists confirming the altitude of the launch site before flight. 

Extent of Relief Tribe Seeks: The extent ofthe reliefthe Tribe seeks is an exemption from this 

requirement, consistent with the FAA's previous and routine summary grants of exemption for 

the senseFly eBee and MikroKopter. 

H. FUEL REQUIREMENTS FOR FLIGHT IN VFR CONDITIONS: 14 C.F.R. § 

91.151(a)(1). 

14 C.F.R. § 91.151 provides: 

(a) No person may begin 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. 

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Reason Tribe Seeks Relief: For sUAS usage, the word "fuel" is understood as "energy". Since 

the sUASs will be operated in view of the PIC and the battery supply ofthe sUAS will be 

monitored by the PIC, the sUAS operation will meet the reserve energy requirements of this 

section. 

Extent of Relief Tribe Seeks: The extent of the relief the Tribe seeks is an exemption from this 

requirement, consistent with the FAA's previous and routine grants of exemption (and summary 

grants of exemption) for the senseFly eBee and MikroKopter sUASs. 

I. MAINTENANCE AND INSPECTIONS: MAINTENANCE REQUIRED; 

OPERATION AFTER MAINTENANCE; INSPECTIONS; MAINTENANCE 

RECORDS: 14 C.F.R. § 91.405(a); 14 C.F.R. § 91.407(a)(1); 14 C.F.R. § 91.409(a)(1) 

and (2); 14 C.F.R. § 91.417(a) and (b): 

14 C.F.R. § 91.405, titled "Maintenance Required", provides: 

Each owner or operator of an aircraft-

(a) 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; 

14 C.F.R. § 91.407, titled "Operation after Maintenance", provides: 

(a) No person may operate any aircraft that has undergone maintenance, preventive 

maintenance, rebuilding, or alteration unless-

(1) It has been approved for return to service by a person authorized under §43.7 of this 

chapter; and 

14 C.F.R. § 91.409, titled "Inspections", provides: 

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft 

unless, within the preceding 12 calendar months, it has had-

(1) An annual inspection in accordance with part 43 of this chapter and has been 

approved for return to service by a person authorized by §43.7 of this chapter; or 

(2) An inspection for the issuance of an airworthiness certificate in accordance with 

part 21 of this chapter. 

14 C.F.R. § 91.417, titled "Maintenance Records", provides: 

(a) Except for work performed in accordance with §§91.411 and 91.413, each registered 

owner or operator shall keep the following records for the periods specified in 

paragraph (b) of this section: 

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(1) Records of the maintenance, preventive maintenance, and alteration and records 

ofthe 100-hour, annual, progressive, and other required or approved inspections, as 

appropriate, for each aircraft (including the airframe) and each engine, propeller, 

rotor, and appliance of an aircraft. The records must include-

(i) A description (or reference to data acceptable to the Administrator) of the work 

performed; and 

(ii) The date of completion of the work performed; and 

(iii) The signature, and certificate number of the person approving the aircraft for 

return to service. 

(2) Records containing the following information: 

(i) The total time in service of the airframe, each engine, each propeller, and each 

rotor. 

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, 

and appliance. 

(iii) The time since last overhaul of all items installed on the aircraft which are 

required to be overhauled on a specified time basis. 

(iv) The current inspection status of the aircraft, including the time since the last 

inspection required by the inspection program under which the aircraft and its 

appliances are maintained. 

(v) The current status of applicable airworthiness directives (AD) and safety 

directives including, for each, the method of compliance, the AD or safety directive 

number and revision date. If the AD or safety directive involves recurring action, the 

time and date when the next action is required. 

(vi) Copies of the forms prescribed by §43.9(d) ofthis chapter for each major 

alteration to the airframe and currently installed engines, rotors, propellers, and 

appliances. 

(b) The owner or operator shall retain the following records for the periods prescribed: 

(1) The records specified in paragraph (a)(l) of this section shall be retained until the 

work is repeated or superseded by other work or for 1 year after the work is 

performed. 

(2) The records specified in paragraph (a)(2) of this section shall be retained and 

transferred with the aircraft at the time the aircraft is sold. 

(3) A list of defects furnished to a registered owner or operator under §43 .11 of this 

chapter shall be retained until the defects are repaired and the aircraft is approved for 

return to service 

14 
Reason Tribe Seeks Relief: These provisions set forth requirements for repairs and 

maintenance oftraditional aircraft, specifically aircraft inspections, approvals by authorized 

personnel, and record keeping. The Tribe seeks relief from these requirements because they 

apply only to aircraft with an airworthiness certificate, not to the Tribe's proposed operation of 

the senseFly eBee and MikroKopter sUASs. The Tribe's sUASs will be maintained by the 

operator pursuant to the manufacturer's specifications, or, when necessary, by the manufacturer, 

thereby providing an equivalent level of safety with respect to repairs and maintenance. 

Extent of Relief Tribe Seeks: The extent ofthe reliefthe Tribe seeks is an exemption from this 

regulation, with the FAA's standard conditions and limitations with respect to repairs and 

maintenance imposed in previous grants of exemption, and summary grants of exemption, for the 

senseFly eBee and MikroKopter. 

V. THE NEZ PERCE TRIBE'S REQUESTED EXEMPTION IS IN THE PUBLIC 

INTEREST 

The sUAS operation enabled by the Nez Perce Tribe's requested exemption is in the public 

interest. The requested exemption will ensure that the Tribe is able to safely, efficiently, and 

economically perform aerial data collection as the Tribe carries out functions including 

biological, fisheries, wildlife, forestry, natural resource, and land data collection, research, and 

management. 

A. Public Benefits related to Safety. 

The FAA has previously found that the enhanced safety achieved using an unmanned sUAS with 

the specifications described in the Tribe's petition 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 sUAS operation enabled by this 

exemption is in the public interest. FAA 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). 

Conducting aerial data collection with a sUAS- instead of traditional manned aircraft- will 

greatly serve the public interest by substantially reducing or eliminating risk to safety of life of 

personnel. 

The Tribe's experience with salmon spawning surveys along the Clearwater River in northcentral Idaho is that even when traditional manned aircraft (whether fixed-wing or rotor craft) are 

operated under strict safety guidelines, these aircraft can and do fail during aerial data collection 

projects. Tragically, this has resulted in severe personal injury, or death to personnel involved in 

these data collection projects. See, NTSB Reports SEAOOTA013 and WPR10FA440, and 

Figures 1 and 2. 

15 
Figure 1. Photograph taken of the helicopter crash site where two Nez Perce Tribe 

Fisheries Biologists and their Pilot were injured during a salmon spawning survey, in 

Stites, Idaho, November 1999 (Photo by Nez Perce Tribe Fisheries staff). 

Figure 2. Photograph taken of the helicopter crash site where two Idaho Fish and Game 

biologists and their pilot were killed during a salmon spawning survey, near Kamiah, 

Idaho, August 2010 (Photo from Kyle Mills, Lewiston Tribune). 

16 
Both of these flights were associated with salmon spawning surveys in the upper Clearwater 

River drainages, the first conducted by the Tribe and the latter conducted by Idaho Department 

of Fish and Game. The more recent accident resulted in the loss of life of all on board (2 

biologists and the pilot), the complete destruction of the helicopter, and damage to property on 

the ground (Figure 2). 

These two incidents caused the Tribe to seriously review its aerial data collection operations, and 

to explore new technologies such as sUAS that would reduce or eliminate risks to personnel and 

property. Because the sUAS intended for use by Tribe carries no pilot, crew, or passengers, 

these types of safety risks are eliminated. Further, because sUAS are lightweight, and carry no 

fuel, if an accident were to occur it has a significantly reduced potential for causing collateral 

damage to personnel or property on the ground, or in the air, compared to manned aircraft that 

typically conduct aerial data acquisition. 

It is the Tribe's sincerest conviction that the use of a sUAS in our aerial data collection program 

will help prevent these types of accidents, and substantially reduce or eliminate risks to the safety 

and lives of personnel and others. 

B. Additional Public Interest Benefits. 

• Public benefit from the aerial collection of data. 

Traditional methods for collecting data include manned aircraft at higher elevations (resulting in 

lower resolution of data), and personnel on the ground (limiting the ability to cover large areas 

efficiently). Using a sUAS for aerial data collection allows for imagery acquisition at much 

lower altitudes than manned aircraft, which increases the resolution of critical data. Using a 

sUAS enables more precise control of the data collection, and enables the ability to quickly 

review data collection to ensure that the proper information is being obtained. Using a sUAS 

also provides a perspective that cannot be achieved by use of traditional manned aircraft and/or 

personnel on the ground. 

• Privacy issues. 

The use of the intended UAS will be taking the place of manned aircraft that have, for decades, 

been flying the same types of missions. Just as the manned aircraft operations posed no privacy 

issues, it is not expected that the use of a sUAS for the same types of missions will result in 

privacy issues. For example, Figure 3 shows a typical section on the lower Clearwater River 

where the NPT salmon spawning surveys take place. 

17 
Figure 3. General map of a lower Clearwater River section between Spalding, Idaho and 

Fir Island where NPT salmon spawning surveys occur. This area of the Clearwater River 

flows largely through a sparsely populated area. 

VI. A SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER 

The Nez Perce Tribe petitions the Federal Aviation Administration for an expedited 

summary grant of exemption from the requirements of 14 C.F.R Sections 21.185, 

45.23(b), 61.113(a), 61.133(b), 91.7(a), 91.9(b)(2) & (c), 91.109(a), 91.119(c), 91.121, 

91.151 (a), 91.203(a) & (b), 91.405(a), 91.407(a)(1), 91.409(a)(l) & (a)(2), and 

'91.417(a) & (b) to operate small unmanned aircraft systems (sUASs)-specifically the 

senseFly eBee and the MikroKopter -for aerial data collection. 

The Tribe proposes that its use of s UAS for aerial data collection operation be subject to 

the FAA 's standard conditions and limitations in its previous grants of exemption, and 

summary grants of exemption, for aerial data collection using the sense Fly eBee and 

MikroKopter sUASs. 

The Nez Perce Tribe asserts 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 Nez Perce Tribe. 

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APPENDIX A 

[DRAFT]Conditions and Limitations- These are the FAA's standard Conditions and 

Limitations accompanying the FAA's summary grants of exemption for sUAS use for 

Aerial Data Collection; the Nez Perce Tribe understands these standard Conditions and 

Limitations would apply to the Tribe's use of the senseFly eBee and MikroKopter sUAS for 

Aerial Data Collection. 

In this grant of exemption, [the Nez Perce Tribe] 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 [senseFly eBee sUAS 

and MikroKopter sUAS] when weighing less than 55 pounds including payload. Proposed 

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

exemption. 

2. Operations for the purpose of closed-set motion picture and television filming are not 

permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine compliance 

with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater 

than the maximum UA operating airspeed recommended by the aircraft manufacturer. 

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). 

Altitude must be reported in feet AGL. 

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This 

requires the PIC to be able to use human vision unaided by any device other than corrective 

lenses, as specified on the PIC's FAA-issued airman medical certificate or U.S. driver's 

license. 

6. All operations must utilize a visual observer (VO). The UA must be operated within the 

visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy 

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

PIC must be able to communicate verbally at all times; electronic messaging or texting is 

not permitted during flight operations. The PIC must be designated before the flight and 

cannot transfer his or her designation for the duration of the flight. The PIC must ensure 

that the VO can perform the duties required of the VO. 

7. This exemption and all documents needed to operate the UAS and conduct its operations in 

accordance with the conditions and limitations stated in this grant of exemption, are 

hereinafter referred to as the operating documents. The operating documents must be 

accessible during UAS operations and made available to the Administrator upon request. If 

a discrepancy exists between the conditions and limitations in this exemption and the 

procedures outlined in the operating documents, the conditions and limitations herein take 

precedence and must be followed. Otherwise, the operator must follow the procedures as 

19 
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 U AS 

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 aVO 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. 

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 experiencebuilding) 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, 

20 
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 ofthe 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 predetermined location within the private or controlled-access property. 

19. The PIC must abort the flight in the event ofunpredicted 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 A TO-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. 

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. 

21 
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. 

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 ofUAS to be used; 

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

22 
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. 

23