AUSLEY MCMULLEN 

ATTORNEYS AND COUNSELORS AT LAW 

123 SOUTH CALHOUN STREET 

P.O. BOX 391 (ZIP 32302) 

TALLAHASSEE, FLORIDA 32301 

(850) 224-9115 FAX (850) 222-7560 

www.ausley.com 

March 30, 2015 

Via Electronic Submission and U.S. Mail 

Docket Operations 

U.S. Department of Transportation 

West Building, Ground Floor 

1200 New Jersey Avenue, S.E. 

Washington, D.C. 20590 

Re: Application for Exemption from Specified Aviation Regulations Under Section 

333 of the FAA Modernization and Reform Act of 2012. 

 Applicant: Pickett & Associates, Inc. 

Attn: Mike Leahy, P.E., P.S.M. 

475 S. First Avenue 

 Bartow, Florida 33830 

 Telephone: (813) 404-1555 

 Email: mleahy@usimaging.com 

Dear Sir or Madam: 

Please accept this letter as the application of Pickett & Associates, Inc. for exemption 

from certain provisions of the Code of Federal Regulations. This exemption request is submitted 

under Section 333 of the FAA Modernization and Reform Act of 2012 (“FMRA”). 

Pickett & Associates, Inc. (the “Applicant”) is a licensed surveying and mapping firm 

located in Bartow, Florida. The Applicant provides turnkey surveying, aerial remote sensing and 

mapping services for commercial, government, and agricultural operations. The Applicant has 

been operating manned aircraft imaging systems for over 20 years and has extensive experience 

throughout the United States and Caribbean. The Applicant’s staff has trained on and operated 

unmanned systems for over five years. The Applicant submits this exemption request in order to 

offer meet the needs of its clients in an efficient and safe manner through the use of small 

unmanned aircraft systems Small Unmanned Aircraft Systems (“sUAS”). 

The Applicant requests exemption from the following regulations: 14 C.F.R. Part 21, 

Subpart H; 14 C.F.R. § 45.23(b); 14 C.F.R. § 61.113(a), (b); 14 C.F.R. § 91.7(a); 14 C.F.R. § 
2 

91.9(b)(2); 14 C.F.R. § 91.103; 14 C.F.R. § 91.109; 14 C.F.R. § 91.119(b), (c); 14 C.F.R. § 

91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. § 91.203(a), (b); 14 C.F.R. § 91.405(a); 14 C.F.R. § 

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

Summary of Applicant’s Scope of Operation

The Applicant proposes to use the sUAS platform as an extension to our traditional aerial 

surveying and mapping services. Services will include inspections of electric transmission line 

corridors for utility companies, mapping for phosphate mining environmental remediation sites, 

agriculture crop lands imaging, stockpile inventory mapping as well as other surveying and 

mapping needs that can be best accomplished with low altitude remote sensing. These services 

will be referred to in this application as the “Proposed Operations.” The Applicant’s Proposed 

Operations will be performed largely in the rural Central Florida area. 

 

 Each operation will be initiated following a discrete COA application or under a 

“blanket” COA issued by the FAA.1

 The COAs governing the Applicant’s operations will clearly 

define the area of each flight (the “Operations Areas”). These Operations Areas will be primarily 

rural and will be only minimally accessible to the public. Remote industrial areas such as the 

phosphate mining areas in Central Florida are ideal for aerial inspection using sUAS technology. 

By conducting these inspections in adherence to the FAA’s regulations applicable to sUAS 

platforms, the Applicant intends to provide a professional example that can be used to benefit 

both manned and unmanned operations in the National Airspace System (“NAS”). 

The Applicant has developed a “UAS Flight Operations & Safety Guide” (the 

“Operations Guide”) that sets forth the standards for performing the Proposed Operations. The 

Operations Guide provides a baseline to ensure that all operations are conducted safely within 

the NAS.2

 

 

1

 The FAA recently announced that it has adopted a policy of issuing “blanket” COAs at the 

same time exemption requests are approved. The Applicant will operate under the terms of a 

blanket COA should one be issued when this exemption request is granted. 

2

 A copy of the Operations Guide is enclosed as Attachment 1. The Operations Guide is 

submitted as a Confidential Document under 14 C.F.R. § 11.35(b). The entire Operations Guide 

contains proprietary information that the Applicant has not and will not share with others. The 

Operations Guide contains operating conditions and procedures that are not available to the 

public and are protected from release under 5 U.S.C. section 552, et seq. A hard copy of the 

Operations Guide will be submitted under a separate cover letter referencing the docket number 

of this exemption request. 
3 

 Relative to transmission line corridors, the purpose of the Applicant’s Proposed 

Operations will be to enhance incident response times and improve the safety of transmission 

line inspections with a number of objectives. These objectives include, but are not limited to, the 

following: (1) Storm Response; (2) Transmission Line Inspection; (3) NERC Compliance;3

 (4) 

Vegetation Analysis; (5) Environmental Compliance. Relative to phosphate mining 

environmental remediation, the objective is to provide repeatable, low altitude imagery to 

monitor the progress of plant growth or other remediation objectives. 

The Applicant will work in full cooperation with utility and mining companies and 

property owners to undertake the Proposed Operations. All operations will be performed by 

qualified, trained personnel that have current private pilot certificates. The Applicant’s Pilots in 

Command (“PICs”) will be specifically trained to operate the sUAS used in the Applicant’s 

operations. 

Aircraft and Equivalent Level of Safety 

The Applicant’s commercial operations will take place in Operations Areas defined by 

the Applicant’s COA applications submitted prior to each commercial flight, or in adherence to 

the terms of a “blanket” COA issued by the FAA. The sUAS operations in these Operations 

Areas will pose little risk of injury or property damage. 

The Applicant proposes to use the following sUAS platforms for its operations under this 

application: 

1. Steadidrone QU4D-X 4

2. DJI Inspire 1 5

 

3

 “NERC” is an acronym for the North American Electric Reliability Corporation. NERC 

establishes reliability standards for bulk power systems in North America. 

4

 The SteadiDrone QU4D-X Operations Manual is enclosed as Attachment 2. The SteadiDrone 

QU4D-X will be operated with a Futaba FASSTest-2.4 GHz 14SG controller. The Instruction 

Manual for this controller is enclosed as Attachment 3. Steadidrone systems have been approved 

by the FAA for research COAs and have a demonstrated safety track record. Steadidrone 

systems have performed well for customers in the military, educational, and commercial markets 

in the United States, Canada, United Kingdom, Australia, and Germany. 

5

 The User Manual for the DJI Inspire 1 is enclosed as Attachment 4. The Safety Guidelines for 

the DJI Inspire 1 is enclosed as Attachment 5. The Maintenance Manual for the DJI Inspire 1 is 

enclosed as Attachment 6. 
4 

These platforms all weigh less than 55 pounds, including energy sources and equipment. 

Manufacturer-provided manuals and guidelines are enclosed with this application (the 

“Manufacturer Instructions”). The The Manufacturer Instructions will be used in conjunction 

with the Applicant’s Operations Guide to ensure that the sUAS are operated safely. 

 The Applicant will apply to register the sUAS platforms with the FAA prior to 

conducting operations. These registrations will be in accordance with the FAA’s guidance to 

COA holders from the FAA UAS Integration Office dated November 5, 2014, as the same may 

be updated from time to time. 

 The Applicant agrees to be bound by the following limitations and conditions when 

conducting commercial operations under an FAA-issued exemption: 

1. The sUAS will weigh less than 55 lbs including energy sources and equipment. 

2. The sUAS will be flown at a speed less than a ground speed of 50 knots. 

3. Flights will be operated at an altitude of no more than 400 feet AGL. 

4. Flights will be operated within line of sight of the Pilot in Command (PIC) at all 

times. 

5. All operations will utilize a visual observer (VO). The VO and PIC will be in 

communications at all times. 

6. The Applicant’s Operations Guide as approved, will be maintained and made 

available to the Administrator upon request. 

7. Prior to each flight, the PIC will inspect the sUAS to ensure it is in a condition for 

safe flight. 

8. Any sUAS that undergoes maintenance or alteration that affects the sUAS 

operation or flight characteristics will undergo a functional test flight in 

accordance with the Operations Guide. 

9. We will follow the manufacturer’s sUAS aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements. The following will 

be included in the Operations Guide: 

a. Actuators / Servos 

b. Transmission (single rotor) 

c. Powerplant (motors) 

d. Propellers 

e. Electronic speed controller 

f. Batteries 

g. Mechanical dynamic components (single rotor) 

h. Remote command and control 

i. Ground control station 
5 

j. Any other components as determined by the operator 

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

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

certificate. 

11. Prior to operations for the purpose of transmission line inspection, the PIC will 

have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), a 

minimum of 200 flight cycles and 25 hours of total time as an sUAS rotorcraft 

pilot and at least 10 hours logged as an sUAS pilot with a similar sUAS type. 

12. Prior to operations for the purpose of transmission line inspection, the PIC will 

have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a 

minimum of 5 hours as an sUAS pilot 3 take offs and 3 landings in the preceding 

90 days. 

13. Prior to any flight operations, the PIC and VO will successfully complete a 

qualification process as defined in the Operations Guide. 

14. Prior to operations for the purpose of transmission line inspection, a flight 

demonstration, administered by an operator approved and qualified pilot will be 

successfully completed and documented. 

15. The sUAS will not be operated directly over any person below an altitude that is 

hazardous to persons or property on the surface in the event of an sUAS failure or 

emergency. 

16. Regarding the distance from participating persons, the Operations Guide has 

safety mitigations for authorized and consenting personnel. 

17. If the sUAS loses communications or loses its GPS signal, the sUAS will return to 

a pre-determined location within the security perimeter and land or be recovered 

in accordance with the Operations Guide. 

18. The sUAS will abort the flight in the event of unpredicted obstacles or 

emergencies in accordance with the Operations Guide. 

19. Maximum total flight time for each operational flight will be 30 minutes. Flights 

will be terminated at 25% battery power reserve should that occur prior to the 30 

minute limit. 

20. The Applicant will obtain an Air Traffic Organization (ATO) issued Certificate of 

Waiver or Authorization (COA) prior to conducting any operations under the 

grant of exemption. The COA will 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 operation. In the event that a “blanket” COA issued by the FAA 

contains different requirements, those requirements will be adhered to by the 

Applicant in any Proposed Operation. 
6 

21. If required, the word “Experimental” will be placed on the fuselage in compliance 

with § 45.29 (f). The equivalent level of safety will be provided by having the 

sUAS marked on its fuselage as required by § 45.29(f) where the pilot, observer 

and others working with the sUAS will see the identification of the sUAS as 

“Experimental.” The FAA has issued the following exemptions to this regulation 

to Exemptions Nos. 10700, 8738, 10167 and 10167A. The FAA has also waived 

the marking requirement entirely in other Section 333 Exemption applications, 

such as Exemptions Nos. 11109 and 11110. 

22. The Applicant will document and maintain a record of the sUAS maintenance, 

preventative maintenance, alterations, status of replacement/overhaul component 

parts, and the total time in service of the sUAS. These procedures are set forth in 

the Operations Guide. 

23. Each sUAS operated under this exemption will comply with all manufacturer 

Safety Bulletins. 

24. The Applicant will outline sUAS technician qualification criteria. These criteria 

are set forth in the Operations Guide. 

25. The pre-flight inspection will account for all discrepancies, i.e. inoperable 

components, items, or equipment, not covered in the relevant pre-flight inspection 

sections of the Operations Guide. 

26. The radio frequency spectrum used for operation and control of the sUAS will 

comply with the Federal Communications Commission (FCC) or other 

appropriate government oversight agency requirements. 

27. At least 3 days before flight operations, we will submit a written Plan of 

Activities to the local FSDO with jurisdiction over the area to be flown. The Plan 

of Activities will include at least the following: 

a. Dates and times for all flights. 

b. Name and phone number of the operator for the sUAS flight conducted 

under the grant of this exemption. 

c. Name and phone number of the PIC for the sUAS flight conducted under 

the grant of this exemption. 

d. Make, model and serial or N-number of sUAS to be used. 

e. Name and certificate number of sUAS PIC. 

f. A statement that the operator has obtained permission from property 

owners and/or local officials to conduct the flight. 

g. Signature of exemption holder or representative. 

h. A description of the flight activity, including maps or diagrams of the area 

where the flight will be conducted. 
7 

28. The documents required under 14 C.F.R. sections 91.9 and 91.203 will be 

available to the PIC at the ground control station of the sUAS any time the aircraft 

is operating. 

29. The sUAS will remain clear and yield the right of way to all other manned 

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

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

30. sUAS operation will be conducted during daylight hours. 

31. The sUAS will be operated by the PIC as he/she is stationary, i.e., not from any 

moving device or vehicle. 

32. The sUAS will 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. 

33. The sUAS will not operate in Class B, C, or D airspace without written approval 

from the FAA. The sUAS will not operate within 5 nautical miles of the 

geographic center of a non-towered airport as denoted on a current FAApublished 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. 

34. Any 1) incident, 2) accident, or 3) flight operation that transgresses the lateral or 

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

be reported to the FAA’s UAS Integration Office (AFS-80) within 24 hours. 

Accidents will be reported to the National Transportation Safety Board (NTSB) 

per instructions contained on the NTSB Web site. Further flight operations will 

not be conducted until the incident, accident, or transgression is reviewed by 

AFS-80 and authorization to resume operations is provided. 

Regulations From Which the Applicant Requests Exemption 

The Applicant requests exemption from the following regulations: 

 14 C.F.R. Part 21, Subpart H 

14 C.F.R. § 45.23(b) 

14 C.F.R. § 61.113(a), (b) 

14 C.F.R. § 91.7(a) 

14 C.F.R. § 91.9(b)(2) 

14 C.F.R. § 91.103 

14 C.F.R. § 91.109 

14 C.F.R. § 91.119(b), (c) 

14 C.F.R. § 91.121 
8 

14 C.F.R. § 91.151(a) 

14 C.F.R. § 91.203(a), (b) 

14 C.F.R. § 91.405(a) 

14 C.F.R. § 91.407(a)(1) 

14 C.F.R. § 91.409(a)(1)-(2) 

14 C.F.R. § 91.417(a), (b) 

The sUAS platforms the Applicant seeks approval to use through this exemption request 

is a rotorcraft that weighs 55 or fewer pounds including payload.6 They operate, under normal 

conditions at a speed of no more than 50 knots and have the capability to hover, and move in the 

vertical and horizontal plane simultaneously. They will operate only in line of sight and will 

operate only within the Operations Areas described in the COAs that govern each flight. These 

operations will ensure that the sUAS will “not create a hazard to users of the national airspace 

system or the public,” as contemplated by Section 333(b) of FMRA. 

Given the small size of the sUAS involved and the restricted environment within which 

they will operate, the applicant falls squarely within that zone of safety (an equivalent level of 

safety) in which Congress envisioned that the FAA must, by exemption, allow commercial 

operations of sUAS to commence immediately. Also due to the size of the sUASs and the 

restricted areas in which the relevant sUAS will operate, approval of the application presents no 

national security issue. Given the clear direction in Section 333 of the FMRA, the authority 

contained in the Federal Aviation Act, as amended; the strong equivalent level of safety 

surrounding the proposed operations, and the significant public benefit, including enhanced 

safety, reduction in environmental impacts, including reduced emissions associated with 

allowing sUAS for transmission line inspections and environmental remediation studies over 

phosphate mines, it is in the public interest to grant the requested exemption. Accordingly, the 

applicant respectfully requests that the FAA grant the requested exemption without delay. 

Narrative Regarding Requested Exemptions 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. § 91.203(a)(1) 

The FAA has previously determined that no airworthiness certification is necessary for 

sUAS platforms. See, e.g., Exemption No. 11110. The Applicant therefore believes that no 

exemption is necessary from Part 21, Subpart H. 

 

6

 The Applicant’s sUAS normally weighs approximately 30 pounds, depending on payload and 

battery weight. 
9 

To the extent that the FAA finds that Part 21 is applicable to the Applicant’s proposed 

operations, the Applicant requests an exemption from it. Subpart H, entitled Airworthiness 

Certificates, establishes the procedural requirements for the issuance of airworthiness certificates 

as required by 14 C.F.R. § 91.203(a)(1). Given the size and limited operating area associated 

with the sUAS platforms to be utilized by the Applicant, an exemption from Part 21 Subpart H 

meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the 

FMRA. The Federal Aviation Act (49 U.S.C.§ 44701(f)) and Section 333 of the FMRA both 

authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate upon 

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

populated areas of the particular sUAS. In all cases, an analysis of these criteria demonstrates 

that the sUAS operated without an airworthiness certificate, in the restricted environment and 

under the conditions proposed will be at least as safe, or safer, than a conventional aircraft 

operating with an airworthiness certificate without the restrictions and conditions proposed. 

The sUAS platforms to be operated under this exemption all weigh less than 55 pounds, 

fully loaded. The platforms carry no pilots or passengers, no explosive materials or flammable 

liquid fuels, and will operate exclusively within the Operations Areas defined in this application. 

Operations under this exemption will be tightly controlled and monitored by the operator. The 

FAA will have advance notice of all operations. These safety enhancements provide a greater 

degree of safety to the public and property owners than conventional operations conducted with 

airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Application of these same 

criteria demonstrates that there is no credible threat to national security posed by the sUAS 

platforms due to their size, speed of operation, location of operation, lack of explosive materials 

or flammable liquid fuels, and inability to carry a substantial external load. 

14 C.F.R. § 45.23(b). Marking of the Aircraft 

The FAA has previously determined that an exemption from § 45.23(b) is not required 

for sUAS platforms that do not need to be certified under Part 21. See, e.g., Exemption No. 

11110. The Applicant therefore believes that no exemption is necessary from 14 C.F.R. 

§ 45.23(b). To the extent that the FAA finds that § 45.23(b) is applicable to the Applicant’s 

intended operations, the Applicant requests an exemption therefrom as follows. 

The regulation requires: 

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 
10 

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. 

 

Even though the sUAS will have no airworthiness certificate, an exemption may be 

needed as the sUAS will have no entrance to the cabin, cockpit or pilot station on which the 

word “Experimental” can be placed. Given the size of the sUAS, two-inch lettering will be 

impossible. The word “Experimental” will be placed on the fuselage in compliance with § 45.29 

(f). 

The equivalent level of safety will be provided by having the sUAS marked on its 

fuselage as required by § 45.29(f) where the pilot, observer and others working with the sUAS 

will see the identification of the sUAS as “Experimental.” The FAA has issued the following 

exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A. 

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command 

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the 

sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent 

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

pilot’s certificate rather than a commercial pilot’s certificate to operate this sUAS. Unlike a 

conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with 

no living thing on board. The area of operation is controlled and restricted, and all flights are 

planned and coordinated in advance as set forth in the Operations Guide. The level of safety 

provided by the requirements included in the Operations Guide exceeds that provided by a single 

individual holding a commercial pilot’s certificate operating a conventional aircraft. The risks 

associated with the operation of the sUAS are so diminished from the level of risk associated 

with commercial operations contemplated by Part 61 when drafted, that allowing operations of 

the sUAS as requested with a private pilot as the PIC exceeds the present level of safety achieved 

by 14 C.F.R. §61.113 (a) & (b). The FAA has approved sUAS operations with a private pilot’s 

certificate in other exemptions. See, e.g., Exemption No. 11110. 

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

The regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. As there will be no airworthiness certificate issued for the aircraft, should this 

exemption be granted, no FAA regulatory standard will exist for determining airworthiness. 

Given the size of the aircraft and the requirements contained in the Operations Guide for 
11 

maintenance and use of safety check lists prior to each flight, an equivalent level of safety will be 

provided. The Applicant will ensure that the sUAS is in an airworthy condition prior to each 

flight based on compliance with the specifications in the Operations Guide. 

14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft 

Section 91.9(b)(2) provides: 

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. 

 

The sUAS platforms, given their size and configuration, have no ability or place to carry 

a flight manual. An equivalent level of safety will be maintained by keeping the flight manual at 

the ground control point where the pilot flying the sUAS will have immediate access to it. The 

FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 

9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700. The FAA has previously 

determined that an exemption from this regulation is not necessary, as relevant materials may be 

kept in a location accessible to the PIC and not on the sUAS itself. See Exemption No. 11110. 

14 C.F.R. § 91.103: Preflight action 

This regulation requires each pilot in command to take certain actions before flight to 

insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for 

the aircraft an exemption will be needed. An equivalent level of safety will be provided as set 

forth in the Operations Guide. The PIC will take all actions including reviewing weather, flight 

battery requirements, landing and takeoff distances and aircraft performance data before 

initiation of flight. The PIC will account for all relevant site-specific conditions in the preflight 

procedures. The FAA has granted exemption from this regulation to other sUAS operators. See

Exemption No. 11109. 

14 C.F.R. § 91.109: Flight instruction 

Section 91.103 provides that 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 
12 

controls. By their design, sUAS and remotely piloted aircraft do not have fully functional dual 

controls. Flight control is accomplished through the use of a control box that communicates with 

the aircraft via radio communications. The FAA has approved exemptions for flight training 

without fully functional dual controls for a number of aircraft and for flight instruction in 

experimental aircraft. See Exemption Nos. 5778K and 9862A. The equivalent level of safety 

provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the 

size and speed of the aircraft. 

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

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119(d) 

allows helicopters to be operated at less than the minimums prescribed, provided the person 

operating the helicopter complies with any route or altitudes prescribed for helicopters by the 

FAA. As this exemption is for an sUAS that is similar to a helicopter and the exemption requests 

authority to operate at altitudes up to 400 AGL, an exemption may be needed to allow such 

operations. As set forth herein, except for the limited conditions stated in the Operations Guide, 

the sUAS will never operate at higher than 400 AGL. 

 

The equivalent level of safety will be achieved given the size, weight, speed of the sUAS 

as well as the location where it is operated. No flight will be taken without the permission of the 

property owner or local officials. Because of the advance notice to the property owner and 

participants in the activity, all affected individuals will be aware of the planned flight operations 

as set forth in the Operations Guide. In addition, the low-altitude operations of the sUAS will 

ensure separation between these sUAS operations and the operations of conventional aircraft that 

must comply with Section 91.119. 

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

This regulation requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate 

altimeter setting available before departure.” As the sUAS may not have a barometric altimeter, 

but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety 

will be achieved by the operator, pursuant to the Operations Guide and Manufacturer 

Instructions, confirming the altitude of the launch site shown on the GPS altitude indicator 

before flight. 
13 

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

Section 91.151 (a) prohibits an individual from beginning “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.” 

Given the limitations on the proposed Operations Areas, a longer time frame for VFR 

conditions is reasonable. Applicant believes that an exemption from 14 CFR § 91.151(a) falls 

within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin 

Corporation to operate without compliance with 14 C.F.R. § 91.151 (a)). 

Operating the sUAS platforms in controlled Operations Areas does not engender the type 

of risks that Section 91.151(a) was intended to alleviate given the size and speed of the sUAS 

platforms. Similar exemptions have been granted to other operations, including Exemptions 

2689F, 5745, 10673, and 10808. 

14 C.F.R. § 91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration 

The FAA has previously determined that no airworthiness certification is necessary for 

sUAS platforms. See, e.g., Exemption No. 11110. The Applicant therefore believes that no 

exemption is necessary from § 91.203. However, to the extent that the FAA finds that section 

91.203 is applicable to the Applicant’s operations, the Applicant requests an exemption 

therefrom. 

The regulation provides in pertinent part: 

(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. . . . 

(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. 
14 

The sUAS fully loaded weighs no more than 55 lbs and is operated without an onboard 

pilot. As such, there is no ability or place to carry certification and registration documents or to 

display them on the sUAS. 

An equivalent level of safety will be achieved by keeping these documents at the ground 

control point where the pilot flying the sUAS will have immediate access to them, to the extent 

they are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A 

representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 

9797, 9797A, 9816A, and 10700. 

14 C.F.R. § 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections 

These regulations require that an aircraft operator or owner “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...,” and others shall inspect or maintain the aircraft in compliance with Part 43. 

Given that these section and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to the applicant. Maintenance will be accomplished by 

the operator pursuant to the Manufacturer Instructions and Operations Guide. An equivalent 

level of safety will be achieved because these sUAS are very limited in size and will carry a 

small payload and operate only in defined Operations Areas for limited periods of time. If 

mechanical issues arise the sUAS can land immediately and will be operating from no higher 

than 400 feet AGL. As provided in the Operations Guide, the operator will ensure that the sUAS 

is in working order prior to initiating flight, perform required maintenance, and keep a log of any 

maintenance performed. Moreover, the operator is the person most familiar with the aircraft and 

best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of 

safety. 

Federal Register Summary 

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the 

Federal Register, should it be determined that publication is needed: 

Applicant seeks an exemption from the following rules: 

14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( 

a) & (b);91.7 (a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 

91.151(a);91.203(a) and (b); 91.405(a); 91.407 (a) (1); 91.409 (a) 

(2); 91.409 (a) (2) and 91.417 (a) & (b) to operate a small 
15 

unmanned system weighing less than fifty-five pounds in the 

transmission line inspection and environmental remediation survey 

industries. 

Approval of exemptions allowing commercial operations of sUASs in the transmission 

line inspection and environmental remediation survey industries will enhance safety by reducing 

risk. The operation of sUAS, weighing less than 55 lbs., conducted in the strict conditions 

outlined above, will provide an equivalent level of safety supporting the grant of the exemptions 

requested herein, including exempting the applicant from the requirements of Part 21 and 

allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the 

ground, and in a sterile environment. As a result, sUAS are far safer than conventional operations 

conducted with turbine helicopters operating in close proximity to the ground and people. 

Privacy Considerations 

Flights will be conducted in rural transmission line corridors or on industrial mined lands 

in accordance with appropriate State and federal statutes regulating surveying and mapping 

activities. All imagery and data collected will be used solely for transmission line and supporting 

structure inspection as well as mining and environmental lands monitoring and remediation. The 

project areas are located in remote areas that presents no privacy issues of consequence. 

Conclusion 

Through this program, Pickett & Associates will establish an inspection program for 

transmission lines for safety and environmental services support as well as to develop safety 

procedures and best practices for such operations. The intent of these operations is to prove the 

capacity of sUAS within a limited geography. Operations will then be expanded to the overall 

transmission system as regulations permit. 

We are requesting exemptions from the FARs so this operation can be commercially 

completed in accordance to all rules that would pertain to a small unmanned system. It is Pickett 

& Associates’ hope that we will be able to provide a source of performance data from the safe 

and successful conduct of commercial sUAS operations to the United States government and the 

FAA. 

Satisfaction of the criteria provided in Section 333 of the FMRA provide more than 

adequate justification for the grant of the requested exemptions allowing commercial operation 

of applicant’s sUAS in the transmission line inspection and environmental remediation survey 

industries. 
16 

The Applicant requests that the FAA grant the exemption requested herein. 

 Respectfully Submitted, 

 /s/ Mike Leahy 

Mike Leahy, P.E., P.S.M. VP 

Pickett & Associates, Inc. 

 

/s/ Richard E. Doran, Steven M. Hogan 

Richard E. Doran and Steven M. Hogan 

Ausley McMullen 

Attorneys for Pickett & Associates, Inc.