AFS-15-117-E 

Exemption No. 11216 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 20591 

GRANT OF EXEMPTION 

By letter dated November 3, 2014, Mr. Joseph Del Balzo, JDA Aviation Technology 

Solutions, Agent for Solusia Air, and Mr. Chris Moccia, President and CEO, Solusia Air 

(hereinafter petitioner or operator), Solusia Air, LLC, 4720 Montgomery Lane, Suite 950, 

Bethesda, Maryland 20814 petitioned the Federal Aviation Administration (FAA) for an 

exemption from part 21, Subpart H; part 27 and §§ 45.23(b), 45.27(a), 61.113(a) and (b), 

91.7(a), 91.9(b)(2) and (c), 91.103, 91.109(a), 91.119, 91.121, 91.151(a), 91.203(a) and (b), 

91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of Federal 

Regulations (14 CFR). The exemption would allow the petitioner to operate the Aibot X6 V2 

unmanned aircraft system (UAS) to conduct telecommunications and utility structure 

inspection, construction, and maintenance services. 

The petitioner supports its request with the following information: 

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

 

In the matter of the petition of 

SOLUSIA AIR, LLC.

for an exemption from part 21, Subpart H; 

part 27; §§ 45.23(b); 45.27(a), 61.113(a) 

and (b); 91.7(a); 91.9(b)(2) and (c); 91.103; 

91.109(a); 91.119; 91.121; 91.151(a); 

91.203(a) and (b); 91.405(a); 91.407(a)(1); 

91.409(a)(2); and 91.417(a) and (b) of 

Title 14, Code of Federal Regulations 

Regulatory Docket No. FAA-2014-0912
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The petitioner has provided the following information to support its request for an exemption, 

which includes its petition and the following supporting documents hereafter referred to as 

operating documents: 

1. Aibotix, Aibot X6 V2 Safety Risk Management Document 

2. Solusia Air Standard Operating Procedure 

3. Aibot X6 V2 Manual 

4. Solusia Air Safety Program 

The FAA evaluated the petition and determined it was not precedent-setting. Therefore, a 

summary of the petition was not published in the Federal Register for public comment.

The FAA’s analysis is as follows: 

The FAA has organized its analysis into four sections: (1) Unmanned Aircraft System (UAS), 

(2) the UAS pilot in command (PIC), (3) the UAS operating parameters, and (4) the public 

interest. 

Unmanned Aircraft System (UAS) 

The petitioner requested relief from 14 CFR part 21, Airworthiness Certificates and part 27 

Airworthiness Standards: Normal Category Rotorcraft. In accordance with the statutory 

criteria provided in Section 333 of P.L. 112-95 in reference to 49 USC § 44704, and in 

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

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

conditions of Section 333. Therefore, the FAA finds that the requested relief from 14 CFR 

part 21, and part 27 as well as any associated noise certification and testing requirements of 

part 36, is not necessary. 

Manned aircraft conducting telecommunications and utility structure inspection, construction, 

and maintenance services operations can weigh thousands of pounds or more, are operated by 

an onboard pilot and may carry other onboard crewmembers, as well as carry 100-200 gallons 

or more of fuel. The petitioner’s UA weighs less than 14 pounds. The pilot and crew will be 

remotely located from the aircraft. The limited weight and construction reduces the potential 

for harm to persons or damage to property in the event of an incident or accident. The risk to 

an onboard pilot and crew during an incident or accident is eliminated with the use of a UAS 

for the proposed operation. 

Manned aircraft are at risk of fuel spillage and fire in the event of an incident or accident. 

The unmanned aircraft (UA) carries no fuel and therefore there is no risk of fire due to fuel 

spillage following an incident or accident. 

The petitioner’s UAS has the capability to operate safely after experiencing certain in-flight 

contingencies or failures and uses an auto-pilot system to maintain UAS stability and control. 
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The UAS is also able to respond to a loss of GPS or a lost-link event with a pre-coordinated, 

predictable, automated flight maneuver. These safety features provide an equivalent level of 

safety compared to a manned aircraft holding a restricted airworthiness certificate performing 

a similar operation. 

Regarding the petitioner’s requested relief from 14 CFR §§ 91.405(a) Maintenance required, 

91.407(a)(1) Operation after maintenance, preventive maintenance, rebuilding, or alteration, 

91.409(a)(2) Inspections, and 91.417(a) and (b) Maintenance records, the FAA has 

determined that relief from § 91.409(a)(1) is also necessary because it is an alternate 

inspection requirement of § 91.409(a)(2). The FAA has evaluated the petitioner’s request and 

determined that an exemption to these requirements is warranted. The FAA notes that the 

petitioner’s operating documents contain preflight and post flight checks for the UAS. The 

FAA finds that adherence to the operating documents, as required by the conditions and 

limitations below, is sufficient to ensure that safety is not adversely affected. 

UAS Pilot in Command (PIC) 

The petitioner requested relief from 14 CFR § 61.113(a) and (b) Private pilot privileges and 

limitations, stating in the petition that its PICs will all hold a private pilot license and second 

class medical. 

Under current regulations, civil operations for compensation or hire require a PIC holding a 

commercial pilot certificate per 14 CFR part 61. Based on the private pilot limitations in 

accordance with pertinent parts of 14 CFR § 61.113(a), a pilot holding a private pilot 

certificate cannot act as PIC of an aircraft for compensation or hire. However, in Grant of 

Exemption No. 11062 to Astraeus Aerial (Astraeus) (see Docket FAA-2014-0352), the FAA 

determined that a PIC with a private pilot certificate operating the Astraeus UAS would not 

adversely affect operations in the NAS or present a hazard to persons or property on the 

ground. 

The FAA has analyzed the petitioner’s proposed operation and has determined that it does not 

differ significantly from the situation described in Grant of Exemption No. 11062. The 

petitioner plans to operate over private property with controlled access or property where 

petitioner has secured permission from the owner/controller. Given: 1) the similar nature of 

the petitioner’s proposed operating environment to that of Astraeus, 2) the parallel nature of 

private pilot aeronautical knowledge requirements to those of commercial requirements as 

discussed in Exemption No. 11062, and 3) the limited airmanship skills necessary to operate 

the UAS, the FAA finds that the additional manned airmanship experience of a commercially 

certificated pilot would not correlate to the airmanship skills necessary for the petitioner’s 

specific proposed operations. The FAA finds that a PIC holding a private pilot certificate and 

at least a third-class airman medical certificate, and who has completed petitioner’s training 

program, can conduct the proposed UAS operations without adversely affecting the safety of 

the NAS. 
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In conclusion, the FAA finds that a PIC holding a private pilot certificate and at least a thirdclass airman medical certificate, and who has demonstrated the ability to safely operate the 

UAS in a manner consistent with how the UAS will be operated under this exemption per the 

conditions and limitations, can conduct the proposed UAS operations without adversely 

affecting the safety of the NAS. Upon consideration of the overall safety case presented by 

the petitioner, the FAA finds that granting the requested relief from 14 CFR § 61.113(a) is 

warranted subject to the conditions and limitations outlined below. The FAA also finds that 

relief from 14 CFR § 61.113(b) is not necessary. 

With regard to the airmanship skills necessary to operate the UAS, the conditions and 

limitations below require the petitioner to ensure the PIC has demonstrated 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 people, vessels, vehicles, and structures. 

All flights will be operated within visual line of sight (VLOS) of the PIC and visual observer 

(VO). The conditions and limitations below stipulate that the PIC must ensure that the VO 

can perform the functions prescribed in the operating documents. The UAS must never be 

operated beyond the actual visual capabilities of the VO, and the VO and PIC must have the 

ability to maintain VLOS with the UA at all times. It is the responsibility of the PIC to be 

aware of the VO’s visual limitations and limit operations of the UAS to distances within the 

visual capabilities of both the PIC and VO. Moreover, the VO will not be operating the 

aircraft. As in Grant of Exemption No. 11062 to Astraeus, the FAA does not consider a 

medical certificate necessary for the VO. 

UAS Operating Parameters 

The petitioner requests relief from 14 CFR 91.7(a) Civil aircraft airworthiness and the FAA 

finds that relief from § 91.7(a) is necessary. While the petitioner’s UAS will not require an 

airworthiness certificate in accordance with 14 CFR part 21, Subpart H, the FAA considers 

the petitioner’s compliance with its operating documents to be a sufficient means for 

determining an airworthy condition. Therefore, relief from § 91.7(a) is granted. The 

petitioner is still required to ensure that its aircraft is in an airworthy condition – based on 

compliance with the operating documents prior to every flight, and as stated in the conditions 

and limitations below. 

In accordance with 14 CFR § 91.7(b) Civil aircraft airworthiness, the PIC of the UAS is 

responsible for determining whether the aircraft is in a condition for safe flight. The FAA, as 

in grant of Exemption No. 11062 to Astraeus, has determined that the operating documents 

include procedures to be used prior to each flight that can ensure compliance with § 91.7(b). 

The petitioner is required to ensure that its aircraft is in a condition for safe flight – based on 

compliance with the operating documents– prior to every flight. 
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Regarding the petitioner’s requested relief from §§ 91.9(b)(2) and 91.9(c) Civil aircraft flight 

manual, marking, and placard requirements and 91.203(a) and (b) Civil aircraft: 

Certifications required, the FAA has previously determined in Grant of Exemption 11062, 

Astraeus Aerial, that relief from these sections is not necessary. Relevant materials may be 

kept in a location accessible to the PIC in compliance with the regulations and as in 

Exemption No. 11062, petitioner can comply with the registration and marking requirements 

of part 45. 

Regarding the petitioner’s requested relief from 14 CFR § 91.103, Preflight Action, the 

petitioner requires each PIC to take certain actions before flight to ensure the safety of the 

flight. The exemption is needed because the pilot will take separate preflight actions as 

referenced in the operating documents. Although there will be no approved Airplane or 

Rotorcraft Flight Manual available, the FAA believes that the petitioner can comply with the 

other applicable requirements in 14 CFR § 91.103(b)(2). The procedures outlined in the 

operating documents address the FAA’s concerns regarding compliance with § 91.103(b). 

The PIC will take all actions including reviewing weather, flight battery requirements, 

landings, and takeoff distances and aircraft performance data before initiation of flight. The 

FAA has imposed stricter requirements with regard to visibility and distance from clouds; this 

is to keep the UA from departing the VLOS. The FAA also notes the risks associated with 

sun glare; the FAA believes that the PIC’s and VO’s ability to still see other air traffic, 

combined with the PIC’s ability to initiate a return-to-home sequence, are sufficient 

mitigations. The PIC will also account for all relevant site-specific conditions in his or her 

preflight procedures. Therefore, the FAA finds that exemption from 14 CFR § 91.103 is not 

necessary. 

Regarding the petitioner’s requested relief from 14 CFR § 91.109 Flight instruction; 

Simulated instrument flight and certain flight tests, the petitioner did not describe training 

scenarios in which a dual set of controls would be utilized or required, i.e. dual flight 

instruction that would require fully functioning dual controls. Rather, petitioner intends to 

accomplish training through the procedures referenced in the operating documents. 

Furthermore, the FAA is requiring the PIC to possess at least a private pilot’s certificate and 

conduct training operations only during dedicated training sessions. Thus, the FAA finds an 

equivalent level of safety will be achieved by the petitioner’s training program. As such, the 

FAA finds that the petitioner can conduct its operations without the requested relief from § 

91.109(a). 

Regarding the petitioner’s requested relief from 14 CFR § 91.119 Minimum safe altitudes, the 

petitioner did not specify the paragraph(s) in 14 CFR § 91.119 from which it requires relief. 

Relief from § 91.119(a), which requires operating at an altitude that allows a safe emergency 

landing if a power unit fails, is not granted. The FAA expects the petitioner to be able to 

perform an emergency landing without undue hazard to persons or property on the surface if a 

power unit fails. Relief from § 91.119(b), operation over congested areas, is not applicable, 

because the petitioner states that operations will be conducted in a restricted sterile 

environment. Relief from § 91.119(c) is necessary because the aircraft will be operated at 
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altitudes below 400 feet above ground level (AGL). Section 91.119(c) Minimum safe 

altitudes, states that no person may operate an aircraft below the following altitudes; 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. 

Regarding stand-off distances from persons, vessels, vehicles and structures, 14 CFR § 

91.119(c) requires that aircraft operate no closer than 500 feet to these persons or objects. As 

discussed in Exemption No. 11109 (Clayco, Inc.), operations conducted closer than 500 feet 

to the ground may require that the UA be operated closer than 500 feet to essential persons, or 

objects that would not be possible without additional relief. Therefore, the FAA is requiring 

that prior to conducting UAS operations, all persons not essential to flight operations 

(nonparticipating persons) must remain at appropriate distances. In open areas, this requires 

the UA to remain 500 feet from all persons other than essential flight personnel (i.e. PIC, VO, 

operator trainees or essential persons). 

The FAA has also considered petitioner’s UA’s maximum gross weight of less than 14 

pounds. If barriers or structures are present that can sufficiently protect nonparticipating 

persons from the UA or debris in the event of an accident, then the UA may operate closer 

than 500 feet to persons afforded such protection. The operator must also 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. When considering how to immediately cease operations, 

the primary concern is the safety of those nonparticipating persons. In addition, the FAA 

finds that operations may be conducted closer than 500 feet to vessels, vehicles and structures 

when the owner/controller of any such vessels, vehicles or structures grants permission for the 

operation and the PIC makes a safety assessment of the risk of operating closer to those 

objects and determines that it does not present an undue hazard. 

Thus, the FAA finds that relief from § 91.119(c) is warranted provided adherence to the 

procedures in the operating documents and the FAA’s additional conditions and limitations 

outlined below. Relief from § 91.119(d) is not necessary. Regarding the petitioner’s 

requested relief from 14 CFR § 91.121 Altimeter Settings, the petitioner has a barometric 

altimeter and they propose to set that altimeter to zero rather than local barometric pressure. 

Considering the limited altitude of the proposed operations, relief from 14 CFR § 91.121 is 

granted to the extent necessary to comply with the applicable conditions and limitations stated 

below. 

 

Regarding the petitioner’s requested relief from § 91.151(a) Fuel requirements for flight in 

VFR conditions, prior relief has been granted for similar UAS in Exemption Nos. 8811, 

10808, and 10673 for daytime, visual flight rules (VFR) conditions. Petitioner’s UAS 

provides an indication of battery power remaining in percent to the PIC. The UA batteries 

provide approximately 30 minutes of powered flight per the aircraft operating documents. 

The petitioner states the normal operating speed of the UAS will be 22 KIAS. The petitioner 
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plans to fly for a maximum total time of 30 minutes as a safety measure. Information provided 

in the operating documents discusses procedures regarding remaining battery power. Those 

documents contain a condition in which the PIC will initiate a landing procedure when battery 

remaining reaches 27%. Given the limitations on its proposed operations and the location of 

those proposed operations, a reduced minimum power reserve for flight in daytime VFR 

conditions is reasonable. These factors provide the FAA with sufficient reason to grant the 

relief from 14 CFR § 91.151(a) as requested in accordance with the conditions and limitations 

below. Thus, the PIC would be prohibited from beginning a flight unless (considering wind 

and forecast weather conditions) there is enough power to fly to the intended landing point at 

normal cruising speed and land the UA with 27% battery power remaining. 

The FAA Air Traffic Organization (ATO) reviews all proposed UAS operations and evaluates 

the safety of these operations relative to the requested airspace through the existing 

Certificate of Waiver or Authorization (COA) process. The majority of current UAS 

operations occurring in the NAS are being coordinated through Air Traffic Control (ATC) by 

the issuance of a COA. This process not only makes local ATC facilities aware of UAS 

operations, but also provides ATC the ability to consider airspace issues that are unique to 

UAS operations. The COA will require the operator to request a Notice to Airmen 

(NOTAM), which is the mechanism for alerting other users of the NAS to the UAS activities 

being conducted. The conditions and limitations below prescribe the requirement for the 

petitioner to obtain an ATO-issued COA. 

Public Interest 

The FAA finds that this grant of exemption is in the public interest. The enhanced safety 

achieved using a UA with the specifications described by the petitioner and carrying no 

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

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

enabled by this exemption is in the public interest. 

The following table summarizes the FAA’s determinations regarding the relief sought by the 

petitioner: 

Relief considered (14 CFR) FAA determination (14 CFR)

Part 21, Subpart H Relief not necessary 

Part 27 Relief not necessary 

45.23(b) Relief not necessary 

45.27(a) Relief not necessary 

61.113(a) and (b) 

Relief granted for paragraph (a) with 

conditions and limitations; paragraph (b) 

relief not necessary 

91.7(a) Relief not necessary 

91.9(b)(2) and (c) Relief not necessary 

91.103(b)(2) Relief not necessary 
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91.109 Relief not necessary 

91.119 

Paragraph (a) relief not granted; paragraph 

(b) relief not applicable; paragraph (c) relief 

granted with conditions and limitations; 

paragraph (d) relief not applicable 

91.121 Relief granted with conditions and limitations 

91.151(a)(1) Relief granted with conditions and limitations 

91.203(a) and (b) Relief not necessary 

91.405(a) Relief granted with conditions and limitations 

91.407(a)(1) Relief granted with conditions and limitations 

91.409(a)(1) and (2) Relief granted with conditions and limitations 

91.417(a) and (b) Relief granted with conditions and limitations 

The FAA’s Decision 

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

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

delegated to me by the Administrator, Solusia Air, LLC is granted an exemption from 14 CFR 

§§ 61.113(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), 

and 91.417(a) and (b) to the extent necessary to allow the petitioner to operate a UAS for the 

purpose of conducting telecommunications and utility structure inspection, construction, and 

maintenance services. This exemption is subject to the conditions and limitations listed 

below. 

Conditions and Limitations 

Relative to this grant of exemption, Solusia Air, LLC is hereafter referred to as the operator. 

 

The petition and the following supporting documentation are hereinafter referred to as the 

operating documents: 

1. Aibotix, Aibot X6 V2 Safety Risk Management Document 

2. Solusia Air Standard Operating Procedure 

3. Aibot X6 V2 Manual 

4. Solusia Air Safety Program 

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption. 

1) Operations authorized by this grant of exemption are limited to the following aircraft, 

described in the operating documents, which is the Aibotix, Aibot X6 V2, a six bladed 

multi-rotor hexicopter configuration with a maximum takeoff weight of 13.22 pounds. 

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

amend this grant. 
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2) UAS operations under this exemption are limited to conducting telecommunications 

and utility structure inspection, construction, and maintenance services operations. 

3) The UA may not be flown at a ground speed exceeding 25 knots. 

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

(AGL), as indicated by the procedures specified in the operating documents. All 

altitudes reported to ATC must be in feet AGL. 

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

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

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate. 

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

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

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times. 

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

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the functions 

prescribed in the operating documents. 

7) The VO must 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 operating documents and this grant of exemption must be accessible during UAS 

operations and made available to the Administrator upon request. If a discrepancy 

exists between the conditions and limitations in this exemption and the procedures 

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

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

as outlined in its operating documents. The operator may update or revise its 

operating documents. It is the operator’s responsibility to track such revisions and 

present updated and revised documents to the Administrator upon request. The 

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

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

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

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

Integration Office (AFS-80) may be contacted if questions arise regarding updates or 

revisions to the operating documents. 

9) Prior to each flight, the PIC must 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, 
10 

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 Ground 

Control Station must be included in the preflight inspection. All maintenance and 

alterations must be properly documented in the aircraft records. 

10) 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. The PIC who conducts the functional test flight must make an 

entry of the flight in the UAS aircraft records. 

11) The pre-flight inspection must account for all potential discrepancies, e.g. inoperable 

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

operating documents. 

12) The operator must follow the UAS manufacturer’s aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements. 

13) The operator must carry out its maintenance, inspections, and record keeping 

requirements, in accordance with the operating documents. Maintenance, inspection, 

alterations, and status of replacement/overhaul component parts must be noted in the 

aircraft records, including total time in service, description of work accomplished, and 

the signature of the authorized person returning the UAS to service. 

14) Each UAS operated under this exemption must comply with all manufacturer Safety 

Bulletins. 

15) The authorized person must make an entry in the aircraft record of the corrective 

action taken against discrepancies discovered between inspections. 

16) The PIC must possess at least a private pilot certificate and at least a current thirdclass medical certificate. The PIC must also meet the flight review requirements 

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

certificate. 

17) The operator may not permit any PIC to operate 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 

must be logged in a manner consistent with 14 CFR § 61.51(b). A record of training 

must be documented and made available upon request by the Administrator. Flights 

for the purposes of training the operator’s 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 
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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. 

18) The operator may not permit the PIC to operate the UAS unless the PIC has 

demonstrated and logged in a manner consistent with 14 CFR § 61.51(b), 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 people, vessels, vehicles and structures. 

19) Prior to operations conducted for the purpose of this exemption , the PIC and VO must 

have met all qualification, training, and currency requirements, as outlined in the 

operating documents. A record of completion of these requirements must be 

documented and made available to the Administrator upon request. 

20) 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. 

21) 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 operator’s COA. The letter of 

agreement with the airport management must be made available to the Administrator 

upon request. 

22) 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. 

23) If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within the planned operating area and land or be recovered in 

accordance with the operating documents. 

24) The PIC must abort the flight in the event of unpredicted obstacles or emergencies in 

accordance with the operating documents. 

25) 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 UA with 27% battery power remaining. 

26) The operator must obtain an Air Traffic Organization (ATO) issued Certificate of 

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

exemption. This COA will also require the operator to request a Notice to Airman 

(NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the 
12 

operation. All operations shall be conducted in accordance with airspace requirements 

in the ATO issued COA including class of airspace, altitude level and potential 

transponder requirements. 

27) All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification (NNumber) markings in accordance with 14 CFR part 45, Subpart C. Markings must be 

as large as practicable. 

28) Before conducting operations, the radio frequency spectrum used for operation and 

control of the UA must comply with the Federal Communications Commission (FCC) 

or other appropriate government oversight agency requirements. 

29) The documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

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

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

official upon request. 

30) The UA must remain clear and yield the right of way to all manned operations and 

activities at all times. 

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

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

33) All flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating 

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

must ensure that nonparticipating persons remain under such protection. If a 

situation arises where nonparticipating persons leave such protection and are 

within 500 feet of the UA, flight operations must cease immediately 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; 

c. Operations nearer to the PIC, VO, 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 property owner/controller or authorized representative. 
13 

Permission from property 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 must be reported 

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

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

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

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

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

parts 45, 47, 61, and 91. 

 

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

Issued in Washington, DC, on March 20, 2015. 

/s/ 

John S. Duncan 

Director, Flight Standards Service