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Mark E McKinnon

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Matthew J. Clark 

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mclark@mckennalong.com

February 13, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Amendment to Aviation Unmanned Exemption Request Under Section 333 

of the FAA Modernization and Reform Act of 2012 [Docket No. FAA-2014-

0895]

Dear Gentlemen:

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

Act") and 14 C.F.R. Part 11, Aviation Unmanned ("AU"), hereby submits the following 

amendment to its Petition for Exemption filed on October 13, 2014. This Amended Petition for 

Exemption is made based on information outlined in this Amendment, as well as the following 

accompanying documents:

 AU Standard Operating Procedures Manual ("AU SOP Manual")

 PrecisionHawk sUAS Flight Operations Manual

 PrecisionHawk Hawkeye Aircraft MK-III sUAS (Hawkeye MK-III) Aircraft Flight 

Manual

 Vanguard Defense Industries, LLC Technical Manual Operator's Maintenance 

Manual for ShadowHawk® Unmanned Aircraft System

 ShadowHawk MK-II Maintenance Schedule®

The ShadowHawk and PrecisionHawk documents are referred to collectively as "Manufacturer's 

Manuals" in this Amended Petition for Exemption. 
U.S. Department of Transportation Docket No. FAA-2014-0895 

February 13, 2015

Page 2

AU submits these supporting materials as confidential documents pursuant to 14 C.F.R. 

§ 11.35(b), as the materials contain commercial information that is confidential and proprietary 

to AU, PrecisionHawk, and Vanguard Defense Industries, LLC. Additionally, these documents 

contain operating conditions and procedures that are not generally available to the public and are 

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

This Amended Petition for Exemption is divided into two parts. Part I describes the 

conditions and limitations for the proposed small unmanned aerial vehicles (i.e., "small 

unmanned aircraft" or "UAS") operations that AU will adhere to under the grant of exemption, 

and which are contained in the AU SOP Manual and Manufacturer's Manuals. Part II of this 

Amended Petition for Exemption identifies revised or additional language to the original October 

13, 2014 Petition for Exemption. For ease of use, Part II sets forth the heading of the applicable 

section of the October 13, 2014 Petition for Exemption, followed by a description of changes to 

that section. Part III is the conclusion. 

PART I: CONDITIONS AND LIMITATIONS

The AU SOP Manual and the Manufacturer's Manuals

1

for the selected UAS will contain 

all the procedures and limitations necessary to safely and successfully perform the operations 

specified in this Amended Petition for Exemption. To assist the FAA in making a safety 

assessment of AU's proposed operations, below is a summary of operational conditions and 

limitations that AU will adhere, and which will ensure an equivalent or higher level of safety to 

operations conducted under current regulatory guidelines:

1. The Hawkeye MK-III sUAS weighs less than 5.5 pounds, fully loaded. 

2. The ShadowHawk weighs less than 70 pounds, fully loaded. 

3. The Hawkeye MK-III will not be flown at a ground speed exceeding 78 knots. 

4. The ShadowHawk will not be flown at a ground speed exceeding 30 knots. 

5. The UA must be operated within visual line of sight (VLOS) of the Pilot-inCommand ("PIC") at all times. This requires the PIC to be able to use human 

 

1

The term "Manufacturer's Manual" includes all relevant manufacturer publications, including, 

but not limited to: operations and flight manuals, user guides, component maintenance manuals, 

pilot training manuals, service information letters and, safety/service bulletins. 
U.S. Department of Transportation Docket No. FAA-2014-0895 

February 13, 2015

Page 3

vision unaided by any device other than corrective lenses, as specified on the 

PIC’s FAA-issued medical certificate.

6. All operations must utilize a visual observer (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. 

Electronic messaging or texting is not permitted during flight operations. The 

PIC will be designated prior to each flight and cannot transfer his or her 

designation for the duration of the flight. The PIC will ensure that the VO can 

perform the functions prescribed in the operating documents.

7. The VO will not perform any other duties beyond assisting the PIC with seeing 

and avoiding other air traffic and other ground based obstacles/obstructions and is 

not permitted to operate the camera or other instruments.

8. The AU SOP Manual and its Grant of Exemption will be available to the PIC at the 

Ground Control Station (GCS) anytime the UAS is operating. These documents 

will be made available to the Administrator or any law enforcement official upon 

request. If a discrepancy exists between the conditions and limitations in this 

exemption and the procedures outlined in the AU SOP Manual, the conditions and 

limitations herein take precedence and will be followed. Otherwise, the AU will

follow the procedures in the SOP Manual. 

9. AU may update or revise its SOP Manual. Revisions will be tracked and a revised 

copy of the AU SOP Manual will be provided to the Administrator upon request. 

AU will also present an updated and revised SOP Manual if it petitions for 

extension or amendment to its grant of exemption. If an update or revision would 

affect the basis upon which the FAA grants the exemption, AU will seek an 

amendment to its grant of exemption. AU will contact the FAA’s UAS 

Integration Office (AFS-80) if questions arise regarding updates or revisions to 

the operating documents.

10. Prior to each flight the PIC will inspect the UAS to ensure it is in a condition for 

safe flight. 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. The 

GCS will be included in the preflight inspection. All maintenance and alterations 

will be properly documented in the UAS records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS 

operation or flight characteristics, e.g. replacement of a flight critical component, 
U.S. Department of Transportation Docket No. FAA-2014-0895 

February 13, 2015

Page 4

will undergo a functional test flight. The PIC who conducts the functional test 

flight will make an entry in the UAS records.

12. The pre-flight inspection will account for all discrepancies, e.g. inoperable 

components, items, or equipment, not already covered in the relevant sections of 

the operating documents.

13. AU will follow the UAS manufacturer’s aircraft/component, maintenance, 

overhaul; replacement, inspection, and life limit requirements.

14. AU will carry out its maintenance, inspections, and record keeping requirements, 

in accordance with the SOP Manual. Maintenance, inspection, and alterations 

will be noted in the UAS records, including total time in service, description of 

work accomplished, and the signature of the authorized person returning the UAS 

to service.

15. Each UAS operated under this exemption will comply with all required 

manufacturer Safety/Service Bulletins.

16. An authorized person designated in the AU SOP Manual will make an entry in the 

UAS record of the corrective action taken against discrepancies discovered 

between inspections.

17. PICs shall possess at least a Private Pilot's Certificate2and current Class III 

Medical Certificate. The PIC will also meet the flight review requirements 

specified in 14 C.F.R 61.56 in an aircraft in which the PIC is rated on his or her 

pilot certificate.

18. AU will not permit any PIC to operate the UAS unless the PIC meets the 

operator’s qualification criteria and 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 will be logged in a manner consistent with 

 

2

The FAA has stated that it does not possess the authority under Section 333 of the Reform Act 

to exempt petitioners from the statutory requirement to hold an airman certificate, as prescribed in 

49 USC § 44711. See Docket No. FAA-2014-0481 at 13. Should the FAA's interpretation of its 

authority under Section 333 of the Reform Act change in this regard, AU will file a supplemental 

petition for exemption from the airman certification requirements of Part 61. 
U.S. Department of Transportation Docket No. FAA-2014-0895 

February 13, 2015

Page 5

14 CFR § 61.51(b). VOs shall complete the FAA Private Pilot Ground School 

knowledge exam and successfully complete ground school for the UAS to be 

operated under this exemption. A record of training will be documented and 

made available upon request by the Administrator. Flights for the purposes of 

training PICs and VOs (training, proficiency, and experience-building), 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.

19. 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.

20. The UA may 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 AU's COA. The 

letter of agreement with the airport management will be made available to the 

Administrator upon request.

21. 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.

22. If the UAS 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 AU's SOP Manual.

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

in accordance with the operating documents.

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

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

to the intended landing point and land the Hawkeye MK-III with 25% battery 

power remaining, or 45 minutes of flight, whichever occurs first.

25. Maximum flight time for ShadowHawk operations will be limited to 90 minutes. 

26. AU will obtain an Air Traffic Organization (ATO) issued Certificate of 

Authorization (COA) prior to conducting any operations under this grant of 
U.S. Department of Transportation Docket No. FAA-2014-0895 

February 13, 2015

Page 6

exemption. A NOTAM will be issued as required by the COA. All operations 

will be conducted in accordance with airspace requirements in the ATO issued 

COA including class of airspace, altitude level and potential transponder 

requirements.

27. The UA will not be operated from an elevated platform or moving device/vehicle.

28. All aircraft operated in accordance with this exemption will 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.

29. Before conducting operations, the radio frequency spectrum used for operation 

and control of the UA will comply with the Federal Communications Commission 

(FCC) or other appropriate government oversight agency requirements.

30. Prior to the operation, there will be a Mission Plan created in accordance with the 

requirements of the AU SOP Manual. 

31. The UA shall remain clear and yield the right of way to all other manned 

operations and activities at all times (including, but not limited to, ultralight 

vehicles, parachute activities, parasailing activities, hang gliders, etc.).

32. The UA may not be operated over congested or densely populated areas.

33. 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 and/or;

b. The aircraft is operated near vessels, vehicles or structures where the

owner/controller of such vessels, vehicles, or structures has granted 

permission 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, and;
U.S. Department of Transportation Docket No. FAA-2014-0895 

February 13, 2015

Page 7

c. Operations nearer to the PIC, VO, Sensor Operator, operator trainees or 

essential persons do not present an undue hazard to those persons per § 

91.119(a).

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

permission from the land owner/controller or authorized representative. 

Permission from land owner/controller or authorized representative will be 

obtained for each flight to be conducted.

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

boundaries of the operational area as defined by the applicable COA will 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.

PART II: AMENDMENTS

1. Extent of relief we seek and the reason we seek the relief

Petitioner amends this section to clarify the scope of proposed commercial operations 

involving UAS. Petitioner intends to use UASs for the following purposes: 

 Agricultural Surveys: Petitioner intends to use UAS for high precision imagery and 

surveying of agricultural fields. All survey flight operations will occur over private 

property with the consent of the property owner, controller, or representative. These 

agricultural fields are located in rural areas away from people or crowds. Petitioner will 

maintain a 500' buffer from any private land or structures that fall outside of the property 

owner's boundaries unless permission has been received from the owner. All flight paths, 

including routine missions and lost link routing will be planned to avoid flights over nonparticipating property.

 Utility Inspections: Petitioner intends to perform utility-power-generation (distribution 

or transmission) inspection for early detection of failure using UAS. Most of the utility 

lines AU intends to inspect are located on property owned or controlled by the power 

company, or where the power company has easement grants. These utility lines are 

located in rural areas away from people or crowds. AU will ensure that all routing over 

the right-of-way easement maintains a distance of 500' laterally from any 

nonparticipating property, roads, or other infrastructure, unless AU has received 

permission from the owner/controller, and closer operations can be conducted safely. 
U.S. Department of Transportation Docket No. FAA-2014-0895 

February 13, 2015

Page 8

 Disaster Response: Petitioner intends to use UAS for the purpose of providing postdisaster aerial support services to utility companies that need near real time assessment 

after natural disasters such as hurricanes. In the event of a natural disaster, the areas in 

which Petitioner intends to operate are typically evacuated and require special 

authorization from either the utility company and/or FEMA. In most instances, these 

areas are highly controlled, and nonparticipants are evacuated from the area.

 Training Flights: Petitioner intends to conduct training flights to allow AU PICs and 

VOs to obtain flight experience with UAS generally, and with the specific UAS make 

and model used to perform the operations under this Amended Petition for Exemption. 

All training operations will be conducted during dedicated training sessions under 

controlled and sterile conditions as required by Petitioner's SOP Manual. 

Part 21 Subpart H.

Petitioner amends this section to add the following:

The FAA has stated that no exemption is needed from this section if a finding is made 

under the Reform Act that the UAS selected provides an equivalent level of safety when 

compared to aircraft normally used for the same application. These criteria are met, and 

therefore no exemption is needed.3 If, however, the FAA determines that there are some 

characteristics of the chosen UAS that fail to meet the requirements of the Reform Act, an 

exemption is requested.

Petitioner amends this section to also request exemption from the related airworthiness 

standards for normal category rotorcraft in 14 C.F.R. Part 27. Title 14 C.F.R. Part 27 sets forth 

the procedural requirements for airworthiness certification of normal category rotorcraft. To the 

extent that AU's small UASs would otherwise require certification under Part 27, Petitioner 

seeks an exemption from the Part 27 airworthiness standards for the same reasons it seeks 

exemption from Part 21, Subpart H. 

14 C.F.R. § 45.23(b) – Display of marks; general.

Petitioner amends this section to also request exemption from the related aircraft marking 

requirements of 14 C.F.R. § 91.9(c), which provides that:

No person may operate a U.S.-registered civil aircraft unless that aircraft is identified 

in accordance with Part 45 of this chapter. 

 

3

See Grant of Exemption to Astraeus Aerial, Docket No. FAA-2014-0352 at 13-14, 22.
U.S. Department of Transportation Docket No. FAA-2014-0895 

February 13, 2015

Page 9

Petitioner amends to this section to also request exemption from the related rotorcraft 

marking requirements of 14 C.F.R. §45.27(a), which states: 

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.

In a previous Grant of Exemption, the FAA determined that exemption from these 

requirements was warranted provided that the aircraft "have identification (N-Number) markings 

in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable."4 

AU will ensure an equivalent level of safety by ensuring that all UA flown bear N-number 

markings that are as large as practicable in accordance with 14 C.F.R. Part 45, Subpart C.5 

14 C.F.R. § 61.113(a) and (b) Private pilot privileges and limitations: Pilot in command.

Petitioner amends this section to add the following:

The purpose of Part 61 is to ensure that the skill and competency of any PIC matches the 

airspace in which the PIC will be operating, as well as requiring certifications if the private pilot 

is carrying passengers or cargo for hire. In this case, while the UASs will be operated as part of 

a commercial operation, it carries neither passengers nor cargo. In the Grant of Exemption to 

Astraeus Aerial6, the FAA determined that the unique characteristics of UAS operation outside 

of controlled airspace did not warrant the addition cost and restrictions attendant with requiring a 

the PIC to have a Commercial Pilot Certificate and Class II Medical Certificate. The fulfillment 

of the additional requirements for a private pilot to become qualified as a commercial pilot 

would not lead to any additional safety benefits when UAS operations are involved. 

The restrictions AU has placed on its UAS operations meet or exceed the restrictions 

similarly imposed on Astraeus Aerial. AU pilots will maintain at least a Private Pilot Certificate 

and Class III Medical Certificate. AU will operate away from persons and property not essential 

to the operation, and flights will occur outside controlled airspace. Moreover, a NOTAM will 

also be issued as required in the applicable COA. 

In addition to these flight restrictions, AU will also require that any PIC be thoroughly 

versed not only in airspace and communication issues pertaining to all aircraft operators, but also 

in the unique aspects of UAS flight. As set forth in the AU SOP Manual, pilots will have 

experience not only in UAS operations generally but have logged flight time in the specific make 

 

4

FAA Docket No. FAA-2014-0352. 

5

See, e.g., FAA Docket No. FAA-2014-0352, at 14. 

6

FAA Docket No. FAA-2014-0352.
U.S. Department of Transportation Docket No. FAA-2014-0895 

February 13, 2015

Page 10

and model used for the operations before they are permitted to participate in commercial flights 

on behalf of AU. The pilot qualification, training, and currency requirements in the AU SOP

Manual ensure that AU's pilots are competent and proficient in the UAS they are operating. 

Moreover, Petitioner will also supplement the proposed UAS operations with a VO who will 

assist the PIC in maintaining VLOS of the UA at all times. Petitioner submits that a PIC holding 

a Private Pilot's Certificate and Class III Medical Certificate, who has completed required 

training in Petitioner's SOP Manual, can conduct the proposed UAS operations without adversely 

affecting the safety of the NAS and persons or property on the ground. As a whole, AU's 

proposed policies and procedures will ensure and equivalent or higher level of safety and 

granting the requested relief from 14 C.F.R. § 61.113(a) and (b), is therefore appropriate. 

14 C.F.R. § 91.7(a) and (b) Civil aircraft airworthiness.

Petitioner revises this section as follows:

AU withdraws its requested for exemption from 14 C.F.R. § 91.7(b), which requires the 

PIC to ensure the aircraft is airworthy and in a condition safe for flight. In the FAA's Grant of 

Exemption to Douglas Trudeau, the FAA determined that the PIC can comply with this 

requirement and that an exemption from § 91.7(b) is not necessary.7Petitioner's pilots will 

ensure that the UAS is in a condition safe for flight and an exemption is therefore not necessary. 

Regarding the requested relief from 14 C.F.R. § 91.7(a), while Petitioner's UASs will not 

be issued an airworthiness certificate in accordance with 14 CFR part 21, Subpart H, compliance 

with the AU SOP Manual will provide sufficient means for determining an airworthy condition. 

As required by the AU SOP Manual, the PIC will perform a pre-flight inspection prior to every 

flight to ensure it is in an airworthy condition. Petitioner will also complete daily inspections of 

the aircraft in accordance with the Manufacturer's Manuals and the SOP Manual. These 

inspection requirements will ensure an equivalent level of safety to that provided by C.F.R. § 

91.7(a), and an exemption is therefore warranted.8

14 C.F.R. § 91.105(a)(2) & (b) Flight crewmembers at stations.

Petitioner withdraws its request for exemption from 14 C.F.R. §91.105(a)(2) and (b), as it 

is not applicable to the proposed UAS operations. 

 

7

See Docket No. FAA-2014-0481 at 17. 

8

See e.g., Docket No. FAA-2014-0481 at 16-17.
U.S. Department of Transportation Docket No. FAA-2014-0895 

February 13, 2015

Page 11

14 C.F.R. § 91.109(a) Flight instruction; Simulated instrument flight and certain flight 

tests.

Petitioner amended this section as follows:

In addition to the extensive training and experience requirements of Petitioner's flight 

instructors, given the size and speed of the UAS that Petitioner intends to use, an equivalent level 

of safe training can still be performed without dual controls because no pilot or passengers are 

aboard the UAS. Moreover, as required by Petitioner's SOP Manual, all flight instruction will 

occur during dedicated training sessions, in a controlled and sterile environment where all 

persons not essential to the flight training will be a safe distance away in the event that the UAS 

experiences any difficulties during flight instruction. As a whole, the limited size and speed of 

the UAS, the lack of any passengers, the training and experience requirements for Petitioner's 

flight instructors, and requirements that flight training operations be conducted in a controlled

and sterile environment, ensure an equivalent or higher level of safety than that provided by the 

flight instruction regulations.

14 C.F.R. § 91.119 Minimum safe altitudes: General. 

Petitioner amends this section as follows:

Petitioner only seeks exemption from the minimum safe altitude requirements of 14 

C.F.R. § 91.119(c). Relief from § 91.119(a) will not be necessary because Petitioner will be able 

to perform an emergency landing without undue hazard to persons or property on the ground in 

the event of a failure. Petitioner's proposed UAS operations will not occur over congested areas, 

and therefore an exemption from § 91.119(b) will not be necessary.9

Compared to flight operations with aircraft weighing far more than the maximum weights 

proposed herein, any risk associated with these operations is far less than those that presently 

exist with full-size conventional aircraft. An equivalent level of safety will be achieved given 

the size, weight, and speed of the UASs, as well the controlled and sterile location where the 

operations will occur. In order to avoid any risk to manned aircraft, flight operations will be 

restricted to 400 feet AGL or below, and will at all times be operated within VLOS of one or 

more crewmembers on the ground. As set forth in the AU SOP Manual, the UAS will be 

operated in a controlled area, at least 500 feet away from nonparticipating persons unless barriers

or structures are present that sufficiently protect nonparticipating persons from debris in the 

event of an accident. Further, UAS operations will occur at least 500 feet away from vehicles or 

structures unless the land owner/controller has granted permission and the PIC has made a safety 

 

9

See e.g., Grant of Exemption to Slugwear, Inc., dba Likeonatree Aerial, Docket FAA-2014-

0534 at 15.
U.S. Department of Transportation Docket No. FAA-2014-0895 

February 13, 2015

Page 12

assessment of the risk of operating closer to those objects and, operations near the PIC or VO

will not present an undue hazard per § 91.119(a). As a whole, these requirements ensure a level 

of safety better than or equal to the rules from which exemption is sought. 

14 C.F.R. § 91.203(a)(1) and (2) Civil aircraft: Certifications required.

Petitioner amends this section as follows:

Petitioner also seeks exemption from the requirements of 14 C.F.R. § 91.203(b). The 

FAA has stated that no exemption is needed from the airworthiness certificate requirements of 14 

C.F.R. § 91.203(a)(1) if a finding is made under the Reform Act that the UAS selected provides 

an equivalent level of safety when compared to aircraft normally used for the same application. 

These criteria are met, and therefore no exemption is needed.10 If, however, the FAA determines 

that there are some characteristics of the chosen UAS that fail to meet the requirements of the 

Reform Act, an exemption is requested.

The UASs that Petitioner intends to use are safe when taking into account their size, 

weight, speed, and operational capability. The ShadowHawk has a maximum take-off weight of 

70 pounds, and will be flown at a ground speed of 70 knots or less, and completely outside 

controlled airspace11. The Hawkeye MK-III has a maximum take-off weight of approximately 

5.5 pounds and will also be flown at a ground speed of 78 knots or less. Additionally, the UASs 

carry neither pilots nor passengers, and will operate exclusively within the parameters stated in 

Petitioner's SOP Manual. The Hawkeye MK-III carries no explosive materials or flammable 

liquid fuels, and the ShadowHawk only carries 18 pounds of fuel. The proposed operations

conducted under this exemption will be closely controlled and monitored by AU and will be 

conducted in compliance with local public safety requirements, to provide security for the area of 

operation. AU will also provide the FAA with advance notice of all operations via NOTAMs 

and the COA process. In all cases, the UAS operated under the proposed conditions, will be at 

least as safe as, or safer than conventional fixed-wing aircraft operating with an airworthiness 

certificate.

Further, the UAS does not need a means to communicate with other aircraft or ATC, 

because those capabilities will be possessed by the PIC and VO, who are not onboard the UAS. 

In addition, no sense-and-avoid technology is necessary for the UAS because it will be operated 

at all times in VFR conditions and within VLOS of the PIC and Operator.12 

 

10 See e.g., Docket No. FAA-2014-0352 at 13-14, 22.

11 Or as otherwise prescribed in an ATO issued COA.

12 See Docket FAA-2014-0352 at 13. 
U.S. Department of Transportation Docket No. FAA-2014-0895 

February 13, 2015

Page 13

In addition to the above referenced amendments to this section, Petitioner also seeks 

exemption from the related civil aircraft flight manual, marking, and placard requirements of 14 

C.F.R. § 91.9(b)(2). In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and 

prepared by Dean E. Griffith, Attorney, AGC-220, it was acknowledged that the intent of 14 

C.F.R. 91.9(b) and 91.203(a) and (b) is met if the pilot of the unmanned aircraft has access to the 

UAS flight manual, registration certificate, and other required documents from the GCS from 

which he or she is operating the aircraft.13 As this FAA Office of Chief Counsel Opinion 

clarifies, the intent of the rule is to ensure the pilot has access to these key documents during 

flight. Therefore, an equivalent level of safety will be achieved by ensuring that the pilot has 

access to the documents at the GCS from which he or she is piloting the UAS. 

14 C.F.R. § 91.207 Emergency Locator transmitters.

Petitioner has determined that the proposed operations can comply with the requirements 

of 14 C.F.R. § 91.207, and an exemption is not necessary.14 Accordingly, the requested 

exemption from 14 C.F.R. § 91.207 is withdrawn. 

14 C.F.R. § 91.405(a) Maintenance required.

14 C.F.R. § 91.407(a)(1) Operation after maintenance.

14 C.F.R. § 91.409(a)(2) Inspections.

14 C.F.R. § 91.417(a) Maintenance records.

Petitioner consolidates and amends the above referenced sections as follows:

AU seeks exemption from the maintenance inspection requirements contained in 14 

C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b). These regulations specify 

maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 

91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections ...have discrepancies 

repaired as prescribed in part 43 of this chapter"). An exemption from these regulations is 

needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, 

which the UAS to be operated under this grant of exemption will not have. 

 

13 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, 

Legislation and Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see 

also Docket No. FAA-2014-0352 at 16-18. 

14 In accordance with § 91.207(e)(9), the provisions of § 91.207(a) do not apply to aircraft 

equipped to carry not more than one person. 
U.S. Department of Transportation Docket No. FAA-2014-0895 

February 13, 2015

Page 14

Petitioner will ensure an equivalent level of safety by requiring that all UAS maintenance 

and inspections be performed in accordance with the Manufacturer's Manuals and any required 

manufacturer Safety or Service Bulletins. Further, as required by Petitioner's SOP Manual, the 

PIC will conduct a pre-flight and post-flight inspection of the UAS and all associated equipment 

to account for all discrepancies and/or inoperable components. Maintenance will be performed 

and verified to address any conditions potentially affecting safe operation of the UAS and no 

flights will occur unless, and until all flight critical components of the UAS have been found to 

be airworthy and in a condition safe for operation. A functional test flight will be conducted 

following the replacement of any flight-critical components. The PIC who conducts a functional 

test flight will make an entry in the UAS aircraft records of the flight. 

The AU SOP Manual also includes requirements to follow the manufacturer’s UAS 

aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements 

for the following applicable components: powertrain system (powerplant), propellers, avionics 

and control surfaces (including ailerons/elevons), structures & airframe, camera system, 

electrical systems (including batteries), GCS, hazard accessories, and spare parts. Further, 

Petitioner's SOP Manual also includes procedures to document and maintain a record of the UAS 

maintenance, preventative maintenance, alterations, status of replacement /overhaul component 

parts, and the total time in service of the UASs used under this grant of exemption. As a whole, 

adherence to the maintenance, inspection, and recordkeeping procedures required by the AU 

SOP Manual is sufficient to ensure that safety is not adversely affected. 

14 C.F.R. § 91.409(a)(1) Inspections.

 Petitioner amends the Petition for Exemption to also seeks exemption from § 91.409(a)(1) 

because it is an alternate inspection requirement of § 91.409(a)(2).15 Petitioner will ensure an 

equivalent level of safety for the same reasons discussed supra, under the requested exemptions 

from of 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b).

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

Petitioner amends this section as follows: 

Petitioner also seek an exemption from 14 C.F.R. § 91.121, which requires a person 

operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that 

is set to the elevation of the departure airport or barometric pressure. An exemption is required 

to the extent that the UASs do not have a barometric altimeter, but rather a GPS altitude read 

out.

 

15 See Grant of Exemption to Clayco, Inc., Docket No. FAA-2014-0507 at 11. 
U.S. Department of Transportation Docket No. FAA-2014-0895 

February 13, 2015

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The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. § 

91.121 can be achieved in circumstances where: (1) the UASs will be operated at 400 feet AGL 

or below, (2) within VLOS, (3) where GPS based altitude information is relayed in real time to 

the operator at a ground-based on-screen display and, (4) where prior to each flight, a zero 

altitude initiation point is established for the PIC to confirm accuracy of the onboard GPS.16

The UASs that Petitioner intends to use for performing the proposed UAS operations will 

meet all these operational characteristics. Moreover, as required by the AU SOP Manual, the 

PIC will be required to calibrate the aircraft's GPS compass prior to each flight operation. Like 

the Grant of Exemption to Astraeus Aerial, the UASs Petitioner intends to use, and the safety 

mitigation procedures contained in the AU SOP Manual, both ensure that an equivalent level of 

safety will be achieved, and a grant of exemption to the requirements of § 191.121 is therefore 

appropriate.

14 C.F.R. § 91.103(b)(2): Preflight Action

Petitioner amends the Petition for Exemption to also seek an exemption from 14 C.F.R. § 

91.103(b)(2), which requires a PIC to become familiar with specific information before each 

flight, including information contained in the FAA-approved Flight Manual on board the aircraft. 

While the PIC will be familiar with all information necessary to safely conduct the flight, an 

exemption is requested to the extent that an FAA-approved Flight Manual is required.

An equivalent level of safety will be provided by following the AU SOP Manual and the 

Manufacturer's Manuals. The PIC will perform a series of checklists designed to identify any 

defects or inoperable components in accordance with the AU SOP Manual, including checklists 

covering pre-flight and post-flight inspection procedures. The PIC will also be required to 

review weather, flight requirements, battery charge, landing and takeoff distance, UA 

performance data, and contingency landing areas—before initiation of flight. AU's SOP Manual 

and the Manufacturer's Manual (and any other relevant manufacturer publications) will be kept at 

the GCS and will be accessible to the PIC at all times while operating the UAS.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

Petitioner amends the Petition for Exemption to also seek an exemption from 14 C.F.R. § 

91.151(a)'s fuel requirements for flight in VFR conditions. While the ShadowHawk17 UAS will 

be capable of complying with the fuel requirements for flight in VFR conditions, the Hawkeye 

MK-III is powered by a single 3900 mAh LiPo battery that provides approximately 60 minutes 

of flight under normal operating conditions. The limited battery capacity means that no 

meaningful flight operations can be conducted with the Hawkeye MK-III while still maintaining 

 

16 See Docket No. FAA-2014-0352 at 21. 
U.S. Department of Transportation Docket No. FAA-2014-0895 

February 13, 2015

Page 16

a 30-minute battery reserve. An exemption from the fuel requirements of 14 C.F.R. § 91.151(a) 

is therefore required. 

The FAA has stated that an equivalent level of safety can be achieved by requiring that 

each UAS operation be completed within 30 minutes flight time or with 25% battery power 

remaining, whichever occurs first.18 Similarly, the AU SOP Manual limits Hawkeye MK-III 

operations to 45 minutes19, or 25% battery reserve, whichever occurs first. 

The Hawkeye MK-III also includes low battery warning system. The amount of battery 

reserve power remaining will be transmitted to the PIC via telemetric data feed, which downlinks 

from the UAS to a ground-based-on-screen display. As required by the AU SOP Manual, the 

PIC will promptly fly the UAS back to the home launch location or pre-determined abort 

location where the UAS may safely land, while still maintaining a minimum of 25% reserve 

battery power. Moreover, the Hawkeye MK-III is equipped with inherent safety features which 

will cause the UA to auto land if battery voltage reaches 10.4V. Petitioner submits that the 

procedures requiring flights to be safely terminated after 45 minutes of flight, or 25% battery 

reserve (whichever occurs first), combined with the requirement that flights only be conducted 

within a secure, isolated area, using a UA weighting less than 5.5 pounds, and within VLOS of 

the PIC and VO(s), ensure that the proposed operations will provide an equivalent or higher level 

of safety to that provided by the regulations from which exemption is sought. 

2. How our request would benefit the public as a whole

Petitioner amends this section as follows:

In addition to helping the Administrator assess whether certain UAS may operate safely 

in the NAS before completion of the rulemaking required under Section 332 of the Reform Act, 

the proposed UAS operations in this Amended Petition for Exemption benefit the public as a 

whole by: (1) significantly improving safety and reducing risk by alleviating human exposure to 

danger associated with manned aircraft performing agricultural, utility, and disaster response 

aerial surveys and inspections; (2) improving the quality of services AU can provide to its 

customers; (3) decreasing operating costs related to survey and inspection activities; (4) reducing 

 

{continued from previous page}

17 The maximum requested flight time for ShadowHawk operations is 90 minutes. Since the 

ShadowHawk has a total flight time of 120 minutes, and all operations will be conducted in 

daytime VMC only, Petitioner will be able to comply with 14 C.F.R. § 91.151(a)(1) and maintain 

30 minute fuel reserves. 

18 See Grant of Exemption to Clayco, Inc., Docket No. FAA-2014-0507 at 15.

19 The Hawkeye MK-III battery provides 60 minutes of flight under normal operating conditions. 
U.S. Department of Transportation Docket No. FAA-2014-0895 

February 13, 2015

Page 17

the environmental impact of aerial surveys and inspections; and (5) supporting agricultural 

applications and treatments that reduce environmental impacts.

The increased safety that UASs offer is particularly true in the context of utility 

inspections. Power lines transmit extremely high voltage electricity. Currently, utility 

companies conduct visual inspections using manned helicopters in very close physical proximity 

to power lines and transmission towers. Inspecting power lines with a manned helicopter is very 

dangerous for all the crew members involved as the aircraft is required to fly slowly and very 

close to the power lines. The use of UASs to conduct power line inspections will mitigate many 

of these safety concerns. The pilot and crew are located on the ground, not hovering hundreds of 

feet in the air above electrical cables, risking their lives for the inspection. In the unlikely event 

of a UAS collision with the power lines, the crew will be a safe distance from the site of the 

accident. Many UASs, including the Hawkeye MK-III that AU will use, are also batterypowered and do not contain flammable liquids. While the ShadowHawk does rely on 89 octane 

fuel, it is substantially safer than a full sized helicopter since it carries much less fuel and can

easily auto rotate to the ground in a controlled landing even with a complete failure of the main 

engine. UASs also require less room for take-off and landings than do manned aircraft, and can 

be flown for short distances, which significantly decreases the potential for accidents. Also, 

given its small size when compared with a full sized helicopter, UASs like the ShadowHawk are

far more fuel efficient and environmentally friendly (1.1 gallons per hour versus 28 gallons per 

hour in a Bell Jet Ranger). The public's interest is furthered by minimizing ecological impact of 

an accident and by reducing human exposure to potentially harmful emissions associated with 

full sized manned aircraft.

3. Reasons why the exemption would not adversely affect safety, or how the exemption 

would provide a level of safety at least equal to the existing rule

Petitioner amends this section to add the following:

The requirements contained in the AU SOP Manual, as outlined and discussed in this 

Amended Petition for Exemption, is sufficient to ensure that safety is not adversely affected by 

granting the requested exemptions. 

4. Summary to publish in the Federal Register

Petitioner amends the summary provided for publication in the FEDERAL REGISTER as 

follows:

Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal 

Regulations:
U.S. Department of Transportation Docket No. FAA-2014-0895 

February 13, 2015

Page 18

Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 61.113; 91.7(a); 91.9(b)(2); 91.9(c); 

91.103(b)(2); 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)(1) & (2); 91.417 (a) & (b). 

The exemption will enhance safety by reducing risk to the general public and property 

owners from the substantial hazards associated with performing equivalent agricultural, utility, 

and disaster response aerial surveys and inspections with conventional fixed-wing aircraft, 

rotorcraft, or other methods. 

PART III: CONCLUSION

AU's Amended Petition for Exemption satisfies the criteria articulated in Section 333 of 

the Reform Act of 2012 including weight, speed, operating capabilities, proximity to airports and 

populated areas, operation within VLOS and national security. The proposed UAS operations 

will benefit the public as a whole by improving safety and reducing risk by alleviating human 

exposure to danger. In consideration of the foregoing, this Amended Petition for Exemption 

provides the FAA with more than adequate justification for granting the requested exemptions 

allowing AU to use UASs for performing agricultural, utility, and disaster response aerial 

surveys and inspections.

We thank you for your prompt consideration of these amendments to AU's Petition for 

Exemption filed on October 13, 2014, Docket No. FAA-2014-0895. Should you have any 

questions, or if you need any additional information to support the requested exemptions, please 

do not hesitate to contact the undersigned.

MCKENNA LONG & ALDRIDGE LLP

/s/ Matthew J. Clark 

Matthew J. Clark, Esq.

Mark E. McKinnon, Esq.

Lisa M. Ellman, Esq. 

Counsel for Aviation UNMANNED
U.S. Department of Transportation Docket No. FAA-2014-0895 

February 13, 2015

Page 19

(The following attached items contain proprietary and commercial information exempt from 

disclosure under the Freedom of Information Act, 5 U.S.C. § 522 et seq., and should be held in a 

separate file pursuant to 14 C.F.R. § 11.35(b)). 

Attachment A: Aviation UNMANNED Standard Operating Procedures Manual 

Attachment B: PrecisionHawk sUAS Flight Operations Manual

Attachment C: PrecisionHawk Hawkeye Aircraft MK-III sUAS Aircraft Flight Manual

Attachment D: Vanguard Defense Industries, LLC Technical Manual Operator's Maintenance 

Attachment E: Manual for ShadowHawk® Unmanned Aircraft System

Attachment F: ShadowHawk MK-II Maintenance Schedule®