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February 15, 2016

Attn:

U. S. Department of Transportation Docket Operations 

West Building Ground Floor, Room w12-140 

1200 New Jersey Ave, SE Washington, DC 20590

LAND AND SEA AERIAL SURVEYING & VIDEOGRAPHY ENTERPRISES REQUEST 

FOR AN EXEMPTION FROM CERTAIN REQUIREMENTS OF TITLE 14 OF THE CODE 

OF FEDERAL REGULATIONS AS SET FORTH HEREIN FOR THE COMMERCIAL 

OPERATION OF THE DJI INSPIRE 1, PHANTOM 3, PHANTOM VISION 2+, AND 

ACTION AD1 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

Jason B. Melvin

Counsel for Land and Sea Aerial Surveying & Videography Enterprises

Texas Drone Lawyer

Melvin Legal, PLLC

9111 Cochran Bluff Lane

Dallas, Texas 75220

469-766-3502

jason@txdronelawyer.com
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TABLE OF CONTENTS

Page 

GLOSSARY OF ABBREVIATIONS.............................................................................................3 

SUMMARY.....................................................................................................................................4 

INTRODUCTION AND INTERESTS OF PETITIONER.............................................................4 

BACKGROUND.............................................................................................................................4 

BASIS FOR PETITION..................................................................................................................5 

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH PETITIONER SEEKS 

EXEMPTION..................................................................................................................................6

THE EXTENT OF RELIEF AND THE REASON PETITIONER SEEKS THE 

RELIEF.......................................................................................................................................15

THE REASONS WHY GRANTING PETITIONER’S REQUESTS WOULD BE IN THE 

PUBLIC INTEREST.....................................................................................................................17

THE REASONS WHY GRANTING THE EXEMPTION TO PETITIONER WOULD NOT 

ADVERSELY AFFECT SAFETY................................................................................................19

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER...........................26

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO 

SUPPORT PETITIONER’S REQUESTS................................................................................27

CONCLUSION..............................................................................................................................27
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GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation 

GCS Ground Control Station 

GPS Global Positioning System

LOL Loss of Link 

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) 

SO Safety Observer

SOP Standard Operating Procedures

UA / UAV Unmanned Aerial Vehicle a/k/a Unmanned Aircraft

UAS Unmanned Aircraft System(s),

 Specifically the DJI Inspire 1, Phantom 3, Phantom 2 Vision + and

 Action AD1

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing
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SUMMARY

In accordance with current FAA guidance and practice, Land and Sea Aerial Surveying & 

Videography Enterprises (“L&S”) seeks summary exemption from certain requirements of 14 

C.F.R in order to operate Unmanned Aircraft System(s) (DJI Inspire 1, Phantom 3, Phantom 2 

Vision+ and Action AD1) pursuant to Section 333 of the FAA Modernization and Reform Act of 

2012 (FMRA). This exemption will permit L&S to operate Unmanned Aircraft Systems (UAS) 

for the commercial purpose of conducting aerial data collection1over certain areas of the United 

States, and under certain circumstances, within 500 feet of persons directly participating in the 

intended purpose of the operation.

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INTRODUCTION AND INTERESTS OF THE PETITIONER

L&S is an organization based in southern Florida. The founder, Mr. Harman Harkema, 

desires to utilize the various UAV listed herein to perform aerial data collection services in 

accordance with current Federal Aviation Administration regulations and guidance as may be 

amended from time to time. The objective of L&S is to use Unmanned Aircraft System aerial

operations to provide an affordable and safe alternative to traditional methods of aerial data 

collection operations. 

Mr. Harkema is a licensed private pilot, and Coast Guard certified ship captain. Since 

1996, Mr. Harkema has been engaged with the Boy Scouts of America, taking crews of boy 

scouts sailing on a 47’ sailboat for week long ocean voyages; teaching sailing, navigation, 

snorkeling and fishing at the Florida National High Adventure Sea Base. Mr. Harkema has some 

twenty years, 80,000 miles and 20,000 hours of sea time in national and international waters, 

with navigation, radio, radar, weather and forecasting experience, as well as briefing countless 

passengers and crews on Coast Guard safety and inspections. 

From 1982 through 1996, Mr. Harkema was a licensed electrical contractor in Miami, 

serving the cruise ship, high-rise building and high-end residential markets. 

BACKGROUND

L&S seeks relief as stated herein to operate the DJI Inspire 1, Phantom 3, Phantom 2 

Vision+ and Action AD1 systems for compensation or hire within the NAS. These aircraft are 

vertical takeoff and landing (VTOL) UAV with a Ground Control Station (GCS) utilizing 

electronic tablet or smart phone systems. These aircraft have the following specifications:

 

1 Used throughout as defined by the FAA in Exemption No. 12820: “Aerial data collection includes any remote 

sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, 

infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (particulate 

measurement, etc.), or any other gathering of data by instruments aboard the UA.”

2 As recently granted in Exemption No. 11433A and 13465.
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Make & Model Inspire1 Phantom 3 Phantom 2 Vision+ Action AD1

Maximum Gross 

Weight

6.5 Pounds 2.8 Pounds 2.7 Pounds 4.8 Pounds

Maximum Speed 43 Knots 31 Knots 29 Knots 15.5 Knots (cruise)

Diagonal Length 22.9 Inches 23.2 Inches 13.8 Inches 17.1 Inches

Propulsion Electric motors 

(4) each (direct) 

driving one 

propeller.

Electric motors 

(4) each (direct) 

driving one 

propeller.

Electric motors (4) 

each (direct) driving 

one propeller.

Electric motors (4) 

each (direct) driving 

one propeller.

Battery Type Lithium Polymer Lithium Polymer Lithium Polymer Lithium Polymer

Maximum Flight 

Time

18 Minutes 23 Minutes 25 Minutes 20 Minutes

Signal Loss 

Characteristics

If signal is lost for more than three seconds, the UAV will 

climb (or descend) to the user specified Failsafe altitude and 

return to the flight origination point then descend and land.

Return to home 

feature is activated if 

signal is lost. The 

UAV will return to 

the flight origination 

point, descend and 

land

Flight Controller 5.725~5.825ghz

2.400~2.483ghz

2.400~2.483ghz 5.728~5.85ghz 2.4ghz 

*Manuals for these UAV are attached to this Petition.

BASIS FOR PETITION

Petitioner, L&S, pursuant to the provisions of the Federal Aviation Regulations (14 

C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, 

Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to 

commercially operate certain UAS, as noted herein, in the National Airspace System (NAS), and 

for an exemption from the following requirements of 14 C.F.R:

43.7 43.11 45.23(b) 45.27

45.29 61.23(a) 61.23(c) 61.101(e)(4)

61.101(e)(5) 61.113(a) 61.315(a) 91.7(a)

91.9(b)(2) 91.9(c) 91.105 91.109(a)

91.113(b) 91.119(c) 91.121 91.151(a)(1)

91.151(b) 91.203(a) 91.203(b) 91.215

91.405(a) 91.407(a)(1) 91.409(a)(1) 91.409(a)(2)

91.417(a) 91.417(b)

L&S submits that the requested relief is proper since; an equivalent level of safety will be 

ensured, there will be no adverse impact on safety, the relief is in the public interest, and 

participants coming within 500’ of any UAV operated hereunder will be briefed on the risks and 

consent to being within such distance. L&S will use commercially appropriate risk mitigation 
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measures, develop an operations manual, and provide the FAA with a plan of activities prior to 

conducting operations within 500’ of any participant (as more fully discussed herein). 

In accordance with 14 C.F.R. § 11.81, L&S provides the following information in support 

of its petition for exemption:

A. Name and Address of the Petitioner.

Land and Sea Aerial Surveying & Videography Enterprises

Mr. Harman Harkema

444 Brickell Avenue Suite 51-273

Miami, Florida 33131

B. The Specific Sections Of 14 C.F.R. From Which Petitioner Seeks 

Exemption. 

1. Petitioner Seeks Exemption From The Requirements Of Sections 43.7 and 43.11.

§43.7 Persons authorized to approve aircraft, airframes, aircraft engines, propellers, appliances, 

or component parts for return to service after maintenance, preventive maintenance, rebuilding, 

or alteration.

(a) Except as provided in this section and §43.17, no person, other than the Administrator, 

may approve an aircraft, airframe, aircraft engine, propeller, appliance, or component part for 

return to service after it has undergone maintenance, preventive maintenance, rebuilding, or 

alteration.

(b) The holder of a mechanic certificate or an inspection authorization may approve an 

aircraft, airframe, aircraft engine, propeller, appliance, or component part for return to service as 

provided in Part 65 of this chapter.

(c) The holder of a repair station certificate may approve an aircraft, airframe, aircraft 

engine, propeller, appliance, or component part for return to service as provided in Part 145 of 

this chapter.

(d) A manufacturer may approve for return to service any aircraft, airframe, aircraft engine, 

propeller, appliance, or component part which that manufacturer has worked on under §43.3(j). 

However, except for minor alterations, the work must have been done in accordance with 

technical data approved by the Administrator.

(e) The holder of an air carrier operating certificate or an operating certificate issued under 

Part 121 or 135, may approve an aircraft, airframe, aircraft engine, propeller, appliance, or 

component part for return to service as provided in Part 121 or 135 of this chapter, as applicable.

(f) A person holding at least a private pilot certificate may approve an aircraft for return to 

service after performing preventive maintenance under the provisions of §43.3(g).

(g) The holder of a repairman certificate (light-sport aircraft) with a maintenance rating may 

approve an aircraft issued a special airworthiness certificate in light-sport category for return to 

service, as provided in part 65 of this chapter.

(h) The holder of at least a sport pilot certificate may approve an aircraft owned or operated 

by that pilot and issued a special airworthiness certificate in the light-sport category for return to 

service after performing preventive maintenance under the provisions of §43.3(g).
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§43.11 Content, form, and disposition of records for inspections conducted under parts 91 and 

125 and §§135.411(a)(1) and 135.419 of this chapter.

(a) Maintenance record entries. The person approving or disapproving for return to service 

an aircraft, airframe, aircraft engine, propeller, appliance, or component part after any inspection 

performed in accordance with part 91, 125, §135.411(a)(1), or §135.419 shall make an entry in 

the maintenance record of that equipment containing the following information:

(1) The type of inspection and a brief description of the extent of the inspection.

(2) The date of the inspection and aircraft total time in service.

(3) The signature, the certificate number, and kind of certificate held by the person 

approving or disapproving for return to service the aircraft, airframe, aircraft engine, propeller, 

appliance, component part, or portions thereof.

(4) Except for progressive inspections, if the aircraft is found to be airworthy and approved 

for return to service, the following or a similarly worded statement—“I certify that this aircraft 

has been inspected in accordance with (insert type) inspection and was determined to be in 

airworthy condition.”

(5) Except for progressive inspections, if the aircraft is not approved for return to service 

because of needed maintenance, noncompliance with applicable specifications, airworthiness 

directives, or other approved data, the following or a similarly worded statement—“I certify that 

this aircraft has been inspected in accordance with (insert type) inspection and a list of 

discrepancies and unairworthy items dated (date) has been provided for the aircraft owner or 

operator.”

(6) For progressive inspections, the following or a similarly worded statement—“I certify 

that in accordance with a progressive inspection program, a routine inspection of (identify 

whether aircraft or components) and a detailed inspection of (identify components) were 

performed and the (aircraft or components) are (approved or disapproved) for return to service.” 

If disapproved, the entry will further state “and a list of discrepancies and unairworthy items 

dated (date) has been provided to the aircraft owner or operator.”

(7) If an inspection is conducted under an inspection program provided for in part 91, 125, 

or §135.411

(a)(1), the entry must identify the inspection program, that part of the inspection program 

accomplished, and contain a statement that the inspection was performed in accordance with the 

inspections and procedures for that particular program.

(b) Listing of discrepancies and placards. If the person performing any inspection required 

by part 91 or 125 or §135.411(a)(1) of this chapter finds that the aircraft is unairworthy or does 

not meet the applicable type certificate data, airworthiness directives, or other approved data 

upon which its airworthiness depends, that persons must give the owner or lessee a signed and 

dated list of those discrepancies. For those items permitted to be inoperative under §91.213(d)(2) 

of this chapter, that person shall place a placard, that meets the aircraft's airworthiness 

certification regulations, on each inoperative instrument and the cockpit control of each item of 

inoperative equipment, marking it “Inoperative,” and shall add the items to the signed and dated 

list of discrepancies given to the owner or lessee.

2. Petitioner Seeks Exemption From The Requirements Of Sections 45.23(b), 45.27, 45.29,

and 91.9(c). 

§45.23 Display of marks; general.
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(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.

§45.27 Location of marks; nonfixed-wing aircraft.

(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.

(b) Airships. Each operator of an airship must display on that airship the marks required by 

§45.23, horizontally on—

(1) The upper surface of the right horizontal stabilizer and on the under surface of the left 

horizontal stabilizer with the top of the marks toward the leading edge of each stabilizer; and

(2) Each side of the bottom half of the vertical stabilizer.

(c) Spherical balloons. Each operator of a spherical balloon must display the marks required 

by §45.23 in two places diametrically opposite and near the maximum horizontal circumference 

of that balloon.

(d) Nonspherical balloons. Each operator of a nonspherical balloon must display the marks 

required by §45.23 on each side of the balloon near its maximum cross section and immediately 

above either the rigging band or the points of attachment of the basket or cabin suspension 

cables.

(e) Powered parachutes and weight-shift-control aircraft. Each operator of a powered 

parachute or a weight-shift-control aircraft must display the marks required by §§45.23 and 

45.29(b)(2) of this part. The marks must be displayed in two diametrically opposite positions on 

the fuselage, a structural member, or a component of the aircraft and must be visible from the 

side of the aircraft.

§45.29 Size of marks.

(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:

(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 of the 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.

(2) Airships, spherical balloons, nonspherical balloons, powered parachutes, and weightshift-control aircraft must be at least 3 inches high; and
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(3) Rotorcraft, must be at least 12 inches high, except that rotorcraft displaying before April 

18, 1983, marks required by §45.29(b)(3) in effect on April 17, 1983, and rotorcraft 

manufactured on or after April 18, 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 of the 

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.

(g) Uniformity. The marks required by this part for fixed-wing aircraft must have the same 

height, width, thickness, and spacing on both sides of the aircraft.

(h) After March 7, 1988, each operator of an aircraft penetrating an ADIZ or DEWIZ must 

display on that aircraft temporary or permanent nationality and registration marks at least 12 

inches high.

§91.9 Civil aircraft flight manual, marking, and placard requirements.

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

accordance with part 45 of this chapter.

3. Petitioner Seeks Exemption From The Requirements Of Section 61.23(a), (c), 61.101 

(e)(4), (e)(5), 61.113(a), and 61.315(a). 

§61.23 Medical certificates: Requirement and duration.

(a) Operations requiring a medical certificate. Except as provided in paragraphs (b) and (c) 

of this section, a person—

(c) Operations requiring either a medical certificate or U.S. driver's license. (1) A person 

must hold and possess either a medical certificate issued under part 67 of this chapter or a U.S. 

driver's license when—

§61.101 Recreational pilot privileges and limitations.

(e) Except as provided in paragraphs (d) and (i) of this section, a recreational pilot may not 

act as pilot in command of an aircraft—

(4) For compensation or hire;

(5) In furtherance of a business;

§61.113 Private pilot privileges and limitations: Pilot in command.
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(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.

§61.315 What are the privileges and limits of my sport pilot certificate?

(a) If you hold a sport pilot certificate you may act as pilot in command of a light-sport 

aircraft, except as specified in paragraph (c) of this section.

4. Petitioner Seeks Exemption From The Requirements Of Section 91.7(a).

§91.7, entitled Civil aircraft airworthiness, subsection (a), states the following: 

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

5. Petitioner Seeks Exemption From The Requirements Of Section 91.9(b)(2).

§91.9 Civil aircraft flight manual, marking, and placard requirements.

(b) No person may operate a U.S.-registered civil aircraft—

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this 

chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight 

Manual, approved manual material, markings, and placards, or any combination thereof.

6. Petitioner Seeks Exemption From The Requirements Of Section 91.105.

§91.105 Flight crewmembers at stations.

(a) During takeoff and landing, and while en route, each required flight crewmember 

shall—

(1) Be at the crewmember station unless the absence is necessary to perform duties in 

connection with the operation of the aircraft or in connection with physiological needs; and

(2) Keep the safety belt fastened while at the crewmember station.

(b) Each required flight crewmember of a U.S.-registered civil aircraft shall, during takeoff 

and landing, keep his or her shoulder harness fastened while at his or her assigned duty station. 

This paragraph does not apply if—

(1) The seat at the crewmember's station is not equipped with a shoulder harness; or

(2) The crewmember would be unable to perform required duties with the shoulder harness 

fastened.

7. Petitioner Seeks Exemption From The Requirements Of Section 91.109(a).

§91.109 Flight instruction; Simulated instrument flight and certain flight tests.

(a) No person may operate a civil aircraft (except a manned free balloon) that is being used 

for flight instruction unless that aircraft has fully functioning dual controls. However, instrument 

flight instruction may be given in an airplane that is equipped with a single, functioning 

throwover control wheel that controls the elevator and ailerons, in place of fixed, dual controls, 

when—[.]

8. Petitioner Seeks Exemption From The Requirements Of Section 91.113(b).
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§91.113 Right-of-way rules: Except water operations.

(b) General. When weather conditions permit, regardless of whether an operation is 

conducted under instrument flight rules or visual flight rules, vigilance shall be maintained by 

each person operating an aircraft so as to see and avoid other aircraft. When a rule of this section 

gives another aircraft the right-of-way, the pilot shall give way to that aircraft and may not pass 

over, under, or ahead of it unless well clear.

9. Petitioner Seeks Exemption From The Requirements Of Section 91.119(c) and 91.121. 

§91.119 Minimum safe altitudes: General.

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

following altitudes:

(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.

§91.121 Altimeter settings.

(a) Each person operating an aircraft shall maintain the 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)(1)(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; [.]

10. Petitioner Seeks Exemption From The Requirements Of Section 91.151(a) and (b).

§91.151 Fuel requirements for flight in VFR conditions.

(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.

(b) No person may begin a flight in a rotorcraft 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, to fly after that for at least 20 minutes.

11. Petitioner Seeks Exemption From The Requirements Of Section 91.203(a) and (b).

§91.203 Civil aircraft: Certifications required.

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

it the following:

(1) An appropriate and current airworthiness certificate. Each U.S. airworthiness certificate 

used to comply with this subparagraph (except a special flight permit, a copy of the applicable 

operations specifications issued under §21.197(c) of this chapter, appropriate sections of the air 
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carrier manual required by parts 121 and 135 of this chapter containing that portion of the 

operations specifications issued under §21.197(c), or an authorization under §91.611) must have 

on it the registration number assigned to the aircraft under part 47 of this chapter. However, the 

airworthiness certificate need not have on it an assigned special identification number before 10 

days after that number is first affixed to the aircraft. A revised airworthiness certificate having on 

it an assigned special identification number, that has been affixed to an aircraft, may only be 

obtained upon application to an FAA Flight Standards district office.

(2) An effective U.S. registration certificate issued to its owner or, for operation within the 

United States, the second copy of the Aircraft registration Application as provided for in 

§47.31(c), a Certificate of Aircraft registration as provided in part 48, or a registration 

certification issued under the laws of a foreign country.

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

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

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

12. Petitioner Seeks Exemption From The Requirements Of Section 91.215.

§91.215 ATC transponder and altitude reporting equipment and use.

(a) All airspace: U.S.-registered civil aircraft. For operations not conducted under part 121 

or 135 of this chapter, ATC transponder equipment installed must meet the performance and 

environmental requirements of any class of TSO-C74b (Mode A) or any class of TSO-C74c 

(Mode A with altitude reporting capability) as appropriate, or the appropriate class of TSO-C112 

(Mode S).

(b) All airspace. Unless otherwise authorized or directed by ATC, no person may operate an 

aircraft in the airspace described in paragraphs (b)(1) through (b)(5) of this section, unless that 

aircraft is equipped with an operable coded radar beacon transponder having either Mode 3/A 

4096 code capability, replying to Mode 3/A interrogations with the code specified by ATC, or a 

Mode S capability, replying to Mode 3/A interrogations with the code specified by ATC and 

intermode and Mode S interrogations in accordance with the applicable provisions specified in 

TSO C-112, and that aircraft is equipped with automatic pressure altitude reporting equipment 

having a Mode C capability that automatically replies to Mode C interrogations by transmitting

pressure altitude information in 100-foot increments. This requirement applies—

(1) All aircraft. In Class A, Class B, and Class C airspace areas;

(2) All aircraft. In all airspace within 30 nautical miles of an airport listed in appendix D, 

section 1 of this part from the surface upward to 10,000 feet MSL;

(3) Notwithstanding paragraph (b)(2) of this section, any aircraft which was not originally 

certificated with an engine-driven electrical system or which has not subsequently been certified 

with such a system installed, balloon or glider may conduct operations in the airspace within 30 

nautical miles of an airport listed in appendix D, section 1 of this part provided such operations 

are conducted—

(i) Outside any Class A, Class B, or Class C airspace area; and

(ii) Below the altitude of the ceiling of a Class B or Class C airspace area designated for an 

airport or 10,000 feet MSL, whichever is lower; and

(4) All aircraft in all airspace above the ceiling and within the lateral boundaries of a Class 

B or Class C airspace area designated for an airport upward to 10,000 feet MSL; and
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(5) All aircraft except any aircraft which was not originally certificated with an enginedriven electrical system or which has not subsequently been certified with such a system

installed, balloon, or glider—

(i) In all airspace of the 48 contiguous states and the District of Columbia at and above 

10,000 feet MSL, excluding the airspace at and below 2,500 feet above the surface; and

(ii) In the airspace from the surface to 10,000 feet MSL within a 10-nautical-mile radius of 

any airport listed in appendix D, section 2 of this part, excluding the airspace below 1,200 feet 

outside of the lateral boundaries of the surface area of the airspace designated for that airport.

(c) Transponder-on operation. While in the airspace as specified in paragraph (b) of this 

section or in all controlled airspace, each person operating an aircraft equipped with an operable 

ATC transponder maintained in accordance with §91.413 of this part shall operate the 

transponder, including Mode C equipment if installed, and shall reply on the appropriate code or 

as assigned by ATC.

(d) ATC authorized deviations. Requests for ATC authorized deviations must be made to 

the ATC facility having jurisdiction over the concerned airspace within the time periods 

specified as follows: [.]

(1) For operation of an aircraft with an operating transponder but without operating 

automatic pressure altitude reporting equipment having a Mode C capability, the request may be 

made at any time.

(2) For operation of an aircraft with an inoperative transponder to the airport of ultimate 

destination, including any intermediate stops, or to proceed to a place where suitable repairs can 

be made or both, the request may be made at any time.

(3) For operation of an aircraft that is not equipped with a transponder, the request must be 

made at least one hour before the proposed operation.

13. Petitioner Seeks Exemption From The Requirement Of Section 91.405(a).

§91.405 Maintenance required.

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. Petitioner Seeks Exemption From The Requirements Of Section 91.407(a)(1) 

§91.407 Operation after maintenance, preventive maintenance, rebuilding, or alteration.

(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[.]

15. Petitioner Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 

91.409(a)(2). 

§91.409 Inspections.

(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—
14

(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.

16. Petitioner Seeks Exemption From The Requirements Of Sections 91.417(a) And 

91.417(b). 

§91.417 Maintenance records.

(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:

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

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) of this 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)(1) 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.
15

C. The Extent Of Relief Petitioner Seeks And The Reason Petitioner Seeks 

The Relief.

1. Petitioner Seeks Relief From Sections 43.7 and 43.11.

Petitioner seeks relief from 43.7 to the extent that it requires FAA certified maintenance 

professionals to approve an aircraft, airframe, engine, propeller, appliance or component for 

return to service. Petitioner will conduct maintenance and inspections in accordance with the 

manufacturer’s guidelines. Petitioner also seeks relief from 43.11 to the same extent that it 

requires FAA certified maintenance professionals, and also, to the extent that it requires certain 

placards to be placed, as the physical size of UAV’s does not permit such.

2. Petitioner Seeks Relief From Sections 45.23(b), 45.27, 45.29, and 91.9(c). 

Petitioner is aware of the new regulations regarding registration and marking contained in 

14 C.F.R. Part 48; however, based on reading the FAA website FAQ’s, Petitioner believes that 

the web-based registration system does not initially support registration of UAV used for 

commercial purposes. (https://www.faa.gov/uas/registration/faqs/). 3 Given this, Petitioner 

intends to register all UAV it operates in accordance with 14 C.F.R Part 47; however, Petitioner 

seeks exemption from 14 C.F.R. 45.23(b), 45.27, 45.29, and 91.9(c) as they relate to marking. 

Given the physical size of the UAS, and the fact they have no cabin, cockpit or pilot 

station entrance, exemption is sought in accordance with past practice of the Administration in 

Exemption Nos. 8738, 10167 and 10700. In accordance with the instructions currently provided 

in the Section 333 Exemption grants, Petitioner will mark the UAV with identification numbers 

(N-Numbers) that are as large as practicable. To the extent that the web-based system does 

eventually support registration of commercial operations, or as otherwise directed by the FAA, 

Petitioner will comply with Part 48. 

3. Petitioner Seeks Relief From Sections 61.23(a), (c), 61.101 (e)(4), (e)(5), 61.113(a), and 

61.315(a). 

Under current FAA guidance, the PIC for UAV commercial operations is required to hold 

at least a sport pilot license with either 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. 

Relief from Sections 61.23(a), (c), 61.101(e)(4), (e)(5), 61.113(a), (b) and 61.315(a) is 

requested to the extent necessary to allow a PIC holding a sport pilot or higher level certificate, 

as well as a current and valid airman medical certificate, or valid U.S. driver’s license, and who 

has met certain flight-hour and currency requirements, to conduct the proposed UAS flight 

operations for compensation or hire. 

 

3 Q. Is the registration process different if you're a business versus a person?

A. The new system does not yet support registration of small UAS used in connection with a business. It will 

in the future. In the meantime, these entities must continue to register using the paper-based process.
16

4. Petitioner Seeks Relief From Section 91.7(a).

Relief is requested to the extent required to allow Petitioner to determine that the UAS 

are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with 

the manufacturer’s operating documents (i.e., Maintenance Log and Instruction Manual). 

Petitioner seeks the requested relief because the UAS do not require an airworthiness 

certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Petitioner will ensure that 

the UAS are in airworthy condition based upon its compliance with the operating documents 

prior to every flight, and further, determine that the aircraft are in condition for safe flight, as 

stated in the proposed conditions and limitations below.

5. Petitioner Seeks Relief From Section 91.9(b)(2).

Petitioner seeks an exemption in that it requires certain manuals, materials, markings and 

placards to be placed inside the aircraft. Given the small size of UAV’s, compliance is 

impossible. The equivalent documents will be kept on the ground with the PIC. 

6. Petitioner Seeks Relief From Section 91.105.

Petitioner seeks an exemption to the extent this section requires crewmembers to be onboard the aircraft. UAV are unmanned, therefore, compliance is impossible.

7. Petitioner Seeks Relief From Section 91.109(a).

Petitioner seeks an exemption to the extent that this section requires fully functioning 

dual controls for training. UAV’s have ground based remote control systems rather than 

traditional dual aircraft controls. 

8. Petitioner Seeks Relief From Section 91.113(b).

Petitioner seeks an exemption so that the see-and-avoid function may be performed by, 

and assisted by, the visual observer (VO), and the VO may relay observations to the PIC. 4 

9. Petitioner Seeks Relief From Section 91.119(c) and 91.121. 

Relief from Section 91.119(c) and 91.121 are required to allow flight operations of the 

UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications 

telemetry data link to downlink altitude information from the UA to the PIC at the ground 

control station (GCS). Since the FAA requires that any altitude information concerning UAS 

operations be reported to air traffic control (ATC) in feet above ground level (AGL), Petitioner 

seeks the requested relief because the UAS altimeter may be set on the ground to zero feet AGL, 

rather than the local barometric pressure or field altitude, before each flight. Considering the 

limited altitude of the proposed operations, relief is sought to the extent necessary to comply 

with the applicable conditions and limitations stated below. 

 

4 As called for by Section 8.2.1 of Interim Operational Approval Guidance 08-01 

(https://www.faa.gov/about/office_org/headquarters_offices/ato/service_units/systemops/aaim/organizations/uas/coa

/faq/media/uas_guidance08-01.pdf) 
17

Further, relief from 91.119(c) is needed with respect to those participating persons, 

vehicles and structures directly involved in the operations, and those directly participating in the 

intended purpose of the operation. Relief from the section is warranted as operations will be 

conducted with adequate safety provisions as outlined herein and as required by the FAA. An 

equivalent level of safety will be maintained, and the FAA has granted relief from this section 

for previous exemptions. For greater certainty, Petitioner intends to follow the guidelines set 

forth by the FAA in Exemption No. 11433A and 13465. 

10. Petitioner Seeks Relief From Sections 91.151(a) and (b).

Relief is requested to the extent required to allow flights of the battery powered UAS 

during daylight hours in visual meteorological conditions (VMC), under visual flight rules 

(VFR), for a total duration of approximately 15 minutes. Without an exemption, due to battery 

life limitations, commercial flight of most UAV’s would be impossible. 

11. Petitioner Seeks Relief From Sections 91.203(a) and (b).

Petitioner seeks an exemption in that this section requires certain documentation be 

carried about the aircraft. Given the physical size of most UAV’s, compliance with this section 

is impossible. Equivalent documentation will be kept on the ground with the PIC.

12. Petitioner Seeks Relief From Section 91.215.

Petitioner seeks an exemption from the transponder and altitude reporting equipment 

requirements of this section. There are currently no known commercially available transponders 

that are able to be carried onboard the UAV’s contemplated being used by Petitioner. 

13. Petitioner Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) And 

91.409(a)(2), 91.417(a) And 91.417(b). 

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1), (a)(2), and 91.417(a) and (b) only apply 

to aircraft with an airworthiness certificate. Petitioner requests relief from these Sections 

because the UAS do not require airworthiness certificates. As has been noted by the FAA on 

multiple exemption grants, “the FAA finds that relief from 14 CFR Part 21... is not necessary.” 5

D. The Reasons Why Granting Petitioner’s Request Would Be In The Public 

Interest; That Is, How It Would Benefit The Public As A Whole. 

Granting the present petition will further the public interest by allowing L&S to safely, 

efficiently, and economically perform aerial data collection activities over certain areas of the 

United States. Additionally, use of the UAS will decrease congestion of the NAS, reduce 

pollution, and provide significant benefits to the economy. The benefits of L&S proposed 

operation of the UAS will be realized without implicating any privacy issues. 

1. The Public Will Benefit From Decreased Congestion Of The NAS. 

 

5 AHNTECH, Inc., Exemption No. 14520 at 2.
18

The UAS are battery powered and serve as a safe, efficient, and economical alternative to 

the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of 

manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of the UAS 

would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well 

as increase the safety of life and property in the air and on the ground. 

Furthermore, by reducing the number of manned aircraft operating in the NAS, 

congestion around airports caused by arriving and departing aircraft will be reduced. The UAS

do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting 

aerial video and photography missions would result in fewer aircraft that must be handled by air 

traffic control during the ground, takeoff, departure, arrival, and landing phases of flight 

operations.

2. The Public Will Benefit From The Safety And Efficiency Of The UAS. 

Conducting aerial acquisitions with the UAS, instead of manned aircraft, will greatly 

benefit the public by drastically reducing the levels of air and noise pollution generated during 

traditional aerial video and still photography flight operations. By using battery power and 

electric motors, the UAS produce no air pollution, and is the most viable environmentally 

conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are 

typically utilized for aerial video and photography, while burning approximately 20-30 gallons 

per hour of leaded aviation fuel. The UAS, while reducing the carbon footprint of aerial 

acquisitions, also eliminates noise pollution, as the UAS are propelled by battery powered 

electric motors, rather than an internal combustion engine. 

By using the UAS to perform aerial acquisitions, the substantial risk to life and property 

in the air and on the ground, which is usually associated with traditional manned aircraft flight 

operations, will be substantially reduced or completely eliminated. Aside from the lack of flight 

crew members located onboard the UAS have less physical potential for collateral damage to life 

and property on the ground, and in the air, compared to the manned aircraft that typically 

conduct similar operations (weighing approximately 6,000 pounds with a wingspan of 

approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Data Collection Operations With The UAS Will Benefit The 

Economy. 

In addition to being safe and efficient, the UAS are also an economical alternative to 

using manned aircraft to conduct similar aerial operations. As such, operation of the UAS will 

allow United States based companies and individuals, like L&S, to remain competitive and 

contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and 

the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation 

fuels, U.S. owned and operated companies must adopt new and alternative technology in order to 

remain competitive. Operating the battery powered UAS is one such technology that not only 

allows companies greater operational flexibility compared to manned aircraft, but provides such 

flexibility without the high operational cost of a traditional manned aircraft. 
19

By operating the UAS, individuals such as L&S can remain competitive and profitable, 

and therefore, provide greater job stability to employees and contractors, which will ultimately 

contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, 

through commercial use of the UAS, provides a stable workforce that increases consumer 

spending; improves local, state, and federal tax revenues; and allows companies to invest in 

research and development in order to remain competitive both in the United States and abroad. 

4. There Are No Privacy Issues. 

Similar to the manned aerial acquisition flight operations that have been conducted for 

decades, L&S proposed operation of the UAS will not implicate any privacy issues. The UAS

will be operated only in compliance with operating documents, the proposed limitations herein 

(as may be amended by the FAA in the grant of exemption) and all other applicable Federal 

Aviation Regulations. 

E. The Reasons Why Granting The Exemption Would Not Adversely Affect 

Safety, Or How The Exemption Would Provide A Level Of Safety At Least 

Equal To That Provided By The Rule From Which L&S Seeks Exemption. 

1. Reasons Why UAS Meet The Conditions Of The FAA Modernization and Reform Act of 

2012 (FMRA) Section 333. 

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

unmanned aircraft and its operation, Petitioner submits that the UAS can operate safely in the 

NAS pursuant to FMRA Section 333, as demonstrated by the characteristics of the UAS, the 

proposed flight operations limitations, and the similarity to other Section 333 Exemptions that 

have been previously granted. 

A. The Specifications Of The UAS Demonstrate Its Safe Characteristics.

The UAS do not create a hazard to users of the NAS or the public, or otherwise pose a 

threat to national security considering its size, weight, speed, and operational capability. The 

technical specifications of the UAS are within, and in the attached user manuals. When the 

communication with the GCS is lost, the UAS will return to the launch position and land. 

B. Flight Operations Will Be Conducted Pursuant To The Following Proposed Specific 

Operating Limitations. 6

1. Operations Within 500’ Of Certain Persons

Under recent guidance from the FAA, Petitioner requests conditional approval to operate 

within 500’ of certain persons who are not directly involved in operating the UAS, but who are 

essential for the intended purpose of the operation. Such operations are requested to be approved 

on the condition that Petitioner develop an operations manual as detailed within, and that 

Petitioner submit a Plan of Activities to the local Flight Standard District Office (FSDO). 

 

6 As set forth in Exemption No. 11433A.
20

The FAA has stated that UAV’s may be operated “near people who are not essential 

flight personnel, but are essential for the intended purpose of the operation...”7 The FAA has 

adopted a two-step analysis for assessing such operations; 1) ensuring participants are briefed on 

the risks and consent to being within 500 feet of the aircraft, and 2) conditioning the exemption 

on the operator taking action to mitigate those risks, including developing an operations manual 

and providing the FAA with a plan of activities prior to operating.8 The FAA further stated 

“[w]ith those mitigations in place, the FAA has found that the operations can be conducted 

without an adverse impact on safety.”9 

As set forth in Exemption No. 13465, Petitioner proposes to brief all such persons in 

keeping with experimental aircraft briefings and air tour briefings; as well as develop an

operations manual that includes the risk mitigation measures, information, policies and 

procedures called for by the FAA in Exemption No. 11433A. Petitioner will also have the local 

FSDO review and approve his Plan of Activities. 

Alternatively, should the FAA find that it cannot grant Petitioner’s Section 333 

Exemption with the requested conditional approval, Petitioner respectfully requests that a 

Section 333 Exemption be summarily granted with the customary aerial data collection operating 

limitations, such that Petitioner may begin those operations as soon as possible. Any remaining 

issues relating to operations within 500’ of certain people can be addressed through an 

amendment. 

 2. Proposed Operational Limitations

1. Operations will be limited to the DJI Inspire 1, Phantom 3, Phantom 2 Vision+, and Action 

AD1 when weighing less than 55 pounds including payload and the equipment used to secure the 

payload. Proposed operations of any other aircraft will require a new petition or petition to 

amend.

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

operator 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.

3. 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. The limitation is in addition to any altitude restrictions 

that may be included in the applicable COA.

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

must be conducted in accordance with ATO issued COA. Petitioner will apply for a new or 

amended COA if it intends to conduct operations that cannot be conducted under the terms of the 

blanket COA provided with the grant of exemption. 

 

7 Exemption No. 13465 at 10

8 Exemption No. 13465 and 11433A.

9 As recently granted in In re Cape Productions, Exemption No. 11433A.
21

5. The PIC must have the capability to maintain visual line of sight (VLOS) 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 that individual’s FAA issued airman medical certificate or valid U.S. 

driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, or the Federal 

Government, to see the UA.

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

visual line of sight (VLOS) of the VO at all times. The VO must use human vision unaided by 

any device other than corrective lenses to see the UA. The VO and the 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. The exemption and all documents needed to operate the UAS and conduct its operations in 

accordance with the conditions and limitations stated in this 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 the exemption, the applicable ATO issued COA, and 

the procedures outlined in the operating documents, the most restrictive conditions, limitations, 

or procedures apply and must be followed. The operator may update or revise its operating 

documents as necessary. The operator is responsible for tracking revisions and presenting 

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 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 exemption. The FAA’s UAS Integration Office 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 flight tests 

must be conducted by a PIC with a VO and other personnel required to conduct the functional 

flight test (such as mechanic or technician) and must remain at least 500 feet from all 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 safe for operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine if 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 
22

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. Each UAS 

operated under the exemption must comply with all manufacturer safety bulletins. 

12. Any PIC must hold either an ATP, 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 Section 

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

13. Any PIC must demonstrate the ability to safely operate the UAS in a manner consistent with 

how it will be operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures before operating 

non-training, proficiency, or experience building flights under the exemption. PIC qualification 

flight hours and currency may be logged in a manner consistent with 14 CFR Section 61.51(b); 

however, UAS pilots must not log this time in the same columns or categories as time accrued 

during manned flight. UAS flight time must not be recorded as part of total time. 

Under all situations, the PIC is responsible for the safety of the operation. The PIC is also 

responsible for meeting all applicable conditions and limitations as prescribed in the exemption 

and ATO issued COA, and operating in accordance with the operating documents. All training 

operations must be conducted during dedicated training sessions and may or may not be for 

compensation or hire. The operation must be conducted with a dedicated VO who has no 

collateral duties and is not the PIC during the flight. The VO must maintain visual sight of the 

aircraft at all times during flight operations without distraction in accordance with the conditions 

and limitations below. Furthermore, the PIC must operate the UA not closer than 500 feet to any 

nonparticipating person without exception. 

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

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

special visual flight rules (SVFR) are not authorized. 

15. 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.

16. For UAS operations where GPS signal is necessary to safely operate the UA, the PIC must 

immediately recover/land upon loss of GPS signal. 

17. If the PIC loses command or control link with the UA, the UA must follow a pre-determined 

route to either reestablish link or immediately recover or land. 

18. The PIC must abort the flight operation if unpredicted circumstances or emergencies that 

could potentially degrade the safety of persons or property arise. The PIC must terminate flight 

operations without causing undue hazard to persons or property in the air or on the ground. 
23

19. 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.

20. All aircraft operated in accordance with the 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. 

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

documents required under 14 CFR Part 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. 

22. The UA must remain clear of and give way to any manned aircraft at all times.

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

24. All flight operations must be conducted at least 500 feet from all persons, vessels, vehicles, 

and structures unless when operating:

a) Over or near people directly participating in the operation of the UAS. People 

directly participating in the operation of the UAS include the PIC, VO, and other 

consenting personnel that are directly participating in the safe operation of the UA.

b) Near but not over people directly participating in the intended purpose of the UAS 

operation. People directly participating in the intended purpose of the UAS includes 

those who must be briefed on the potential risks and acknowledge and consent to those 

risks. Operators must notify the local Flight Standards District Office (FSDO) with a 

plan of activities at least 24 hours prior to flight operations.

c) Near nonparticipating persons. Except as provided in subsections (a) and (b) of 

this section, a UA may only be operated closer than 500 feet to a person when barriers or 

structures are present that sufficiently protect that person from the UA and/or debris or 

hazardous materials such as fuel or chemicals in the event of an accident. Under these 

conditions, the operator must ensure that the person remains under such protection for the 

duration of the operation. If a situation arises where the person leaves such protection 

and is within 500 feet of the UA, flight operations must cease immediately in a manner 

that does not cause undue hazard to persons.

d) Near vessels, vehicles and structures. Prior to conducting operations the operator 

must obtain permission from a person with the legal authority over any vessels, vehicles 

or structures that will be within 500 feet of the UA during operations. The PIC must 

make a safety assessment of the risk of operating closer to these objects and determine 

that it does not present an undue hazard.
24

25. All operations shall be conducted over private or controlled access property with permission 

from a person with legal authority to grant access. Permission will be obtained for each flight to 

be conducted.

26. 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 within 24 hours. Accidents must be reported to the National Transportation 

Safety Board (NTSB) in accordance with its UAS accident reporting requirements.

For operations conducted closer than 500 feet to people directly participating in the intended 

purpose of the operation, not protected by barriers, the following additional conditions and 

limitations apply:

27. The operator must have an operations manual that contains at least the following items, 

although it is not restricted to these items.

a) Operator name, address, and telephone number.

b) Distribution and Revision. Procedures for revising and distribution the operations 

manual to ensure that it is kept current. Revisions must comply with the applicable 

conditions and limitations in this exception.

c) Persons Authorized. Specify criteria for designating individuals as directly participating 

in the safe operation of the UAS. The operations manual must include procedures to 

ensure that all operations are conducted at distances from persons in accordance with the 

conditions and limitations of the exemption.

d) Plan of Activities. The operations manual must include procedures for the submission of 

a written plan of activities.

e) Permission to Operate. The operations manual shall specify requirements and procedures 

that the operator will use to obtain permission to operate over property or near vessels, 

vehicles, and structures in accordance with this exemption.

f) Security. The manual must specify the method of security that will be used to ensure the 

safety of nonparticipating persons. This should also include procedures that will be used 

to stop activities when unauthorized persons, vehicles, or aircraft enter the operations 

area, or for any other reason, in the interest of safety.

g) Briefing of persons directly participating in the intended operation. Procedures must be 

included to brief personnel and participating persons on the risks involved, emergency 

procedures, and safeguards to be followed during the operation.

h) Personnel directly participating in the safe operation of the UAS Minimum 

Requirements. In accordance with this exemption, the operator must specify the 

minimum requirements for all flight personnel in the operating manual. The PIC at a 

minimum will be required to meet the certification standards specified in this exemption.

i) Communications. The operations manual must contain procedures to provide 

communications capability with participants during the operation. The operator can use 

oral, visual, or radio communications as long as the participants are apprised of the 

current status of the operation.

j) Accident Notification. The operations manual must contain procedures for notification 

and reporting of accidents in accordance with the exemption.
25

In accordance with the exemption, the operating manual and all other operating documents must 

be accessible to the PIC during UAS operations.

28. At least 24 hours prior to operations, the operator must submit a written Plan of Activities to 

the local Flight Standards District Office (FSDO) having jurisdiction over the proposed operating 

area.

The Plan of Activities must include at least the following:

a) Dates and times for all flights. For seasonal or long-term operations, this can 

include beginning and end dates of the timeframe, the approximate frequency 

(e.g. daily, every weekend, etc.), and what times of the day operations will occur. 

A new plan of activities must be submitted prior to each season or period of 

operations.

b) Name and phone number of on-site person responsible for the operation.

c) Make, model, and serial or N-Number of each UAS to be used.

d) Name and certificate number of each UAS PIC involved in the operations.

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

Upon request, the operator will make available a list of those who gave 

permission.

f) Signature of exemption holder or representative stating the plan is accurate.

g) A description of the flight activity, including maps or diagrams of the area over 

which operations will be conducted and the altitudes essential to accomplish the 

operation.

In accordance with the exemption, the Plan of Activities and all other operating 

documents must be accessible to the PIC during UAS operations. A new Plan of 

Activities must be submitted should there be any changes to items (a) through (g).

Unless otherwise specified in the exemption, Petitioner, PIC, and the UAS will comply with all 

applicable parts of 14 CFR.

C. Similarity To Other Previously Granted 333 Exemptions

Petitioner submits that the relief requested herein, as applied to the UAS Petitioner 

proposes to operate, and under the conditions stated above, provide a level of safety that is 

equivalent to or higher than current manned aircraft operations. 

As set forth in the table below, the FAA has previously found an equivalent level of 

safety and granted the requested relief in previously issued Section 333 grants for UAV 

operations under the same or similar circumstances. 

FAR Section(s) Exemption(s) Granting Requested Relief

43.7 Nos. 13366, 13365, 12474, 12422

43.11 Nos. 13366, 13365, 12474, 12422

45.23(b) No. 11433A, 13465

45.27 Nos. 13366, 13365, 12474, 12422

45.29 Nos. 13366, 13365, 12474, 12422
26

61.23(a) No. 11433A, 13465

61.23(c) No. 11433A, 13465

61.101(e)(4) No. 11433A, 13465

61.101(e)(5) No. 11433A, 13465

61.113(a) No. 11433A, 13465

61.315(a) No. 11433A, 13465

91.7(a) Nos. 11433A, 13366, 13365, 12474, 12422

91.9(b)(2) Nos. 11433A, 13366, 13365, 12474, 12422

91.9(c) Nos. 13366, 13365, 12474, 12422

91.105 Nos. 13366, 13365, 12474, 12422

91.109(a) Nos. 11433A, 13366, 13365, 12474, 12422

91.113(b) Nos. 13366, 13365, 12474, 12422

91.119(c) Nos. 11433A, 13366, 13365, 12474, 12422

91.121 Nos. 11433A, 13366, 13365, 12474, 12422

91.151(a)(1) Nos. 11433A, 13366, 13365, 12474, 12422

91.151(b) No. 11448

91.203(a) Nos. 11433A, 13366, 13365, 12474, 12422

91.203(b) Nos. 11433A, 13366, 13365, 12474, 12422

91.215 Nos. 13366, 13365, 12474, 12422

91.405(a) Nos. 11433A, 13366, 13365, 12474, 12422

91.407(a)(1) Nos. 11433A, 13366, 13365, 12474, 12422

91.409(a)(1) Nos. 11433A, 13366, 13365, 12474, 12422

91.409(a)(2) Nos. 11433A, 13366, 13365, 12474, 12422

91.417(a) Nos. 11433A, 13366, 13365, 12474, 12422

91.417(b) Nos. 11433A, 13366, 13365, 12474, 12422

In accordance with FMRA Section 333 the FAA may prescribe special conditions for 

Petitioner’s intended operation of the UAS that contain standards that the Administrator finds 

establish an equivalent level of safety. To the extent that the FAA may find Petitioner’s 

proposed operations lack equivalency, Petitioner requests that the FAA issue the grant of 

exemption with the appropriate equivalency limitations. 

A Summary That Can Be Published In The Federal Register, Stating: The Rules From 

Which L&S Seeks Exemption: 

Petitioner L&S seeks exemption from the requirements of the following Sections of 14 C.F.R:

43.7 43.11 45.23(b) 45.27

45.29 61.23(a) 61.23(c) 61.101(e)(4)

61.101(e)(5) 61.113(a) 61.315(a) 91.7(a)

91.9(b)(2) 91.9(c) 91.105 91.109(a)

91.113(b) 91.119(c) 91.121 91.151(a)(1)

91.151(b) 91.203(a) 91.203(b) 91.215

91.405(a) 91.407(a)(1) 91.409(a)(1) 91.409(a)(2)

91.417(a) 91.417(b)
27

A Brief Description Of The Nature Of The Exemption L&S Seeks: 

This exemption will permit Petitioner L&S to commercially operate Unmanned Aircraft 

System(s) (UAS) for the purpose of conducting aerial data collection operations over certain 

areas of the United States.

Any Additional Information, Views, Or Arguments Available To Support L&S Request. 

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) 

Section 333, which directs the Secretary of Transportation to determine if certain UAS may 

operate safely in the NAS. As such, L&S seeks request for exemption pursuant to the authority of 

FMRA Section 333 and 14 C.F.R. Part 11, as set forth within. 

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a 

hazard to users of the NAS or the public, or otherwise pose a threat to national security; and 

further, provides the authority for such UAS to operate without airworthiness certification. 

As discussed in detail above, L&S will operate the UAS safely in the NAS, without creating a 

hazard to users of the NAS, or the public, or otherwise pose a threat to national security. 

CONCLUSION

As set forth herein, Petitioner L&S seeks an exemption pursuant to 14 C.F.R. § 11.61 and 

Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe 

operation of the UAS identified herein for the purpose of conducting aerial data collection 

operations over certain areas of the United States, and under certain circumstances, within 500 

feet of persons directly participating in the intended purpose of the operation. By granting this 

Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA 

Modernization and Reform Act of 2012, while also advancing the interests of the public, by 

allowing L&S to safely, efficiently, and economically operate the UAS within the NAS. 

Alternatively, should the FAA find that it cannot grant Petitioner’s Section 333 

Exemption as fully requested herein, Petitioner respectfully requests that a Section 333 

Exemption be summarily granted with the customary aerial data collection operating limitations.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA 

Modernization and Reform Act of 2012, Section 333, Petitioner L&S respectfully requests that 

the Administrator grant this Petition for an exemption from the requirements of certain 14 C.F.R 

Sections as identified within.

Dated: February 15, 2016
28

Respectfully submitted,

Jason B. Melvin

Counsel for Land and Sea Aerial Surveying & Videography Enterprises

Texas Drone Lawyer

Melvin Legal, PLLC

9111 Cochran Bluff Lane

Dallas, Texas 75220

469-766-3502

jason@txdronelawyer.com