August 20, 2015

Exemption No. 12536

Regulatory Docket No. FAA−2015−1500

Mr. Marcel Piet 

ArgenTech Solutions, Inc.

16701 SE. McGillivray, Suite 210

Vancouver, WA 98683

Dear Mr. Piet:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letters dated April 21, 2015, and July 9, 2015, you petitioned the Federal Aviation 

Administration (FAA) on behalf of ArgenTech Solutions, Inc. (hereinafter petitioner or 

operator) for an exemption. The petitioner requested to operate an unmanned aircraft system 

(UAS) to conduct aerial inspection and monitoring of utilities, infrastructure, wildfire, and 

other emergency services.

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

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a 3DRobotics Aero−M.
2

In accordance with the statutory criteria provided in Section 333 of Public Law 112−95 in 

reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited 

operating area associated with the aircraft and its operation, the Secretary of Transportation 

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA 

finds that relief from 14 CFR part 21, Certification procedures for products and parts, 

Subpart H—Airworthiness Certificates, and any associated noise certification and testing 

requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (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.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our 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, ArgenTech Solutions, Inc. is granted an exemption 

from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 

91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) 

and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data 

collection. This exemption is subject to the conditions and limitations listed below.

 

1 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.
3

Conditions and Limitations

In this grant of exemption, ArgenTech Solutions, Inc. is hereafter referred to as the operator.

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

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the 3DRobotics 

Aero−M when weighing less than 55 pounds including payload. Proposed operations 

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

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

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

exemption holder may use either groundspeed or calibrated airspeed to determine 

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

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

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

(AGL). Altitude must be reported in feet AGL.

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

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

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

U.S. driver’s license.

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

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

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

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

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

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

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

required of the VO.

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

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 
4

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 or any law enforcement official upon request. The 

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

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

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

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

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

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

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

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

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 
5

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

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

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

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

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

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

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

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

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 
6

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

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

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

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

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

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

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

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

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

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

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

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

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

boundaries of the operational area as defined by the applicable COA must be reported 

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

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

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

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.
7

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

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

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

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

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

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

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

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

parts 45, 47, 61, and 91.
8

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

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
                 

ArgenTech Solutions, Inc. 

16701 SE McGillivray Suite 210 

Vancouver, WA 98683 

April 21, 2015 

Manager, Flight Standards Service 

Unmanned Aircraft Systems Integration Office 

Federal Aviation Administration 

800 Independence A venue, SW 

Washington, DC 20591 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

 

 ArgenTech Solutions respectfully requests an exemption from several provisions of Title 14 

of the Code of Federal Regulations (C.F.R.) to permit the use of small unmanned aerial systems 

(sUAS) to assist in the evaluation and inspection of Public Utilities, Infrastructure, Forest Fire 

monitoring, and Emergency Public Response. This request is motivated primarily by the desire to 

maximize safety during high-risk and hazardous operations, as well as assisting with public 

emergencies, and to mitigate any safety concerns associated with such operations. While an 

exemption would not eliminate the current need for in-person visual inspection and monitoring, it 

would allow ArgenTech Solutions to evaluate assets and infrastructure with sUAS, resulting in a 

safer and more efficient valuation of public utilities, infrastructure, wild fire monitoring and 

emergency public response. 

Company Profile 

 ArgenTech Solutions (AgTS) is a Veteran-Owned Small Business formed in March 2009 as 

a NH-based S-corporation. Our company’s core competencies include providing Unmanned Aerial 

System (UAS) Field Service Representatives (FSRs) in support of Department of Defense (DoD), 

foreign governments, and civilian industry. AgTS is a professional aviation organization with 

significant experience in UAS operations, including: mission coordination/airspace deconfliction, 

UAS operations & maintenance, sensor applications, data compilation and analysis, and overall 

program safety. 

 AgTS has supported 182 deployments for DoD, with a combined total of 20,000 deployed 

operational days. As an aggregate, AgTS’ 50 highly trained Field Service Representative’s (FSR) 

have accumulated over 40,000 hours of experience as Pilot-in-Command (PIC), with over 13,000 

UAS launches and recoveries for Group II and higher UAS. Our average FSR experience level is 

>950 hours PIC, >650 launches and recoveries. 

NOTES: 
                 

ArgenTech Solutions, Inc. 

16701 SE McGillivray Suite 210 

Vancouver, WA 98683 

 All information pertaining to the proposed system can be found in Appendix A (OEM manual). 

 ArgenTech Solutions holds Unmanned Aircraft insurance with United States Aircraft 

Insurance Group (Policy Number SIHL1-142Y). 

 ArgenTech Solutions intends to use the 3D Robotics Aero-M (The OEM Manual of which is 

attached as Appendix A) in its sUAS operations. 

 ArgenTech intends to adopt ASTM F2500-07 Standard Practice for Unmanned Aircraft 

System (UAS) Visual Range Flight Operations (Attached as Appendix B) and ASTM F2909-

14 Standard Practice for Maintenance and Continued Airworthiness of small Unmanned 

Aircraft Systems (Attached as Appendix C). 

Regulatory Provisions from which ArgenTech Solutions seeks an Exemption 

 ArgenTech Solutions believes it will need an exemption from the following provisions to 

conduct the contemplated operations. In some instances, relief is needed because relief from 

another provision renders compliance with the regulation at hand not feasible. 

 14 C.F.R. §61.113(a) and (b) 

 14 C.F.R. §91.7(a) 

 14 C.F.R. §91.9(b)(2) 

 14 C.F.R. §91.109(a) 

 14 C.F.R. §91.119 

 14 C.F.R. §91.151 

 14 C.F.R. §91.203(a) and (b) 

 14 C.F.R. §91.405(a) 

 14 C.F.R. §91.407(a) 

 14 C.F.R. §91.409(a) 

 ArgenTech Solutions believes an exemption is only needed from the above-listed regulatory 

provisions. To the extent that the FAA believes that additional relief is required for ArgenTech 

Solutions to conduct the operations described here, we request an exemption from any such 

regulatory provisions as well.

The Extent of Requested Relief and the Reasons Relief is Needed 

14 C.F.R. §61.113(a) and (b) 

§61.113 Private pilot privileges and limitations: Pilot in Command. 

(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. 
                 

ArgenTech Solutions, Inc. 

16701 SE McGillivray Suite 210 

Vancouver, WA 98683 

(b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft 

in connection with any business or employment if: 

(1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or hire. 

 ArgenTech Solutions’ specially trained and certified employees will conduct the sUAS 

operations. While these individuals will have US FAA private pilot licenses, they will not hold 

commercial pilot licenses. The sUAS will not carry “property for compensation or hire” since they 

will be used solely to assist in evaluation and inspections of public utilities and infrastructure. 

Without an exemption, the pilot would be required to hold a commercial pilot certificate under 

§61.133. However, the risk associated with the contemplated operations is less than the risk posed 

by a traditional manned aircraft. The sUAS will fly at altitudes well below the permissible limits 

for other civil aircraft, eliminating the risk to other aircraft, and within a geographical envelope 

under the sole control of ArgenTech Solutions. Accordingly, the risk would be limited to 

ArgenTech personnel, who will be appropriately outfitted in safety gear. Requiring a commercial 

pilot certificate would provide no appreciable safety benefit and would needlessly impose 

additional costs on ArgenTech and its customers. Because the contemplated operations would not 

comply with §61.113(b)(1) and none of the other exceptions to paragraph (a) apply, relief is needed 

from both paragraphs (a) and (b). 

14 C.F.R. 91.7(a) 

§91.7 Civil aircraft airworthiness. 

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

(b) The pilot in command of a civil aircraft is responsible for determining whether that 

aircraft is in condition for safe flight. The pilot in command shall discontinue the flight 

when un-airworthy mechanical, electrical, or structural conditions occur. 

 There is no clear definition of “airworthy” as applied to the proposed sUAS, and the term 

has been defined in various ways depending on the applied circumstances. In all instances, it 

appears that the concept includes a requirement that the airplane 1) conforms to the aircraft’s 

documented type design or its type certificate, as modified by supplemental type certificates and 

airworthiness directives, and 2) be in condition for safe operations. The sUAS will not have a type 

design or type certificate, as the FAA has not developed standards applicable to sUAS. As 

discussed later in this document, the types of operations contemplated by ArgenTech will not 

qualify the sUAS for an experimental airworthiness certificate. Accordingly, relief from §91.7(a) 

is requested. Should the FAA include airworthiness requirements as a condition of exercising the 

exemption, ArgenTech will assure the continued airworthiness of the sUAS. Regardless, 

ArgenTech believes that it can meet the requirements of §91.7(b), and is not requesting an 

exemption from that provision. 
                 

ArgenTech Solutions, Inc. 

16701 SE McGillivray Suite 210 

Vancouver, WA 98683 

14 C.F.R. 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 manual material, 

markings, and placards, or any combination thereof. 

... 

 The sUAS comes with access to online manuals that provide instructions for the safe 

operation and maintenance of the aircraft. Compliance with this regulatory provision is not 

possible because this information has not been, and cannot be, approved by the FAA since there 

are no applicable standards established by the FAA against which to evaluate it. Additionally, the 

sUAS is too small to carry a printed manual. Since, by definition, there will never be a person 

aboard the sUAS, ArgenTech submits that there is no need to require the manual to be placed on 

the sUAS and an exemption is appropriate. Safety will be maintained by keeping the flight manual 

at the ground control point where the PIC will have immediate access to it. Since the sUAS cannot 

be operated without the Ground Control Station containing the manuals, there is minimal risk that 

the manuals will become separated from the sUAS, and ArgenTech will be able to immediately 

locate the manuals to effectuate any needed repairs on the sUAS detailed in the flight manual. 

14 C.F.R. 91.109 

§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.... 

 Small UASs, by their design, do not have fully functional dual controls. Flight control is 

accomplished through the use of a Ground Control Station that communicates with the aircraft via 

radio communications (C2 Link). Aircraft being considered for use by ArgenTech allows the UAS 

Instructor to place the aircraft into ‘loiter’ mode (fixed altitude stationary hold). In the event of the 

student losing control, the UAS Instructor can quickly and via alternate equipment (equipment not 

in the hands of the student) place the aircraft into a mode that then allows the instructor to bring 

the aircraft back into control and back to the pre-determined and/or safe landing location. 

14 C.F.R. 91.119 

§91.119 Minimum safe altitudes: General. 

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

the following altitudes: 
                 

ArgenTech Solutions, Inc. 

16701 SE McGillivray Suite 210 

Vancouver, WA 98683 

... 

(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. 

... 

 ArgenTech submits that the only relief it requires from §91.119 is from the minimum 

altitudes listed in paragraph (c). Relief is required from paragraph (c) for fixed wing operations 

because asset evaluation conducted at 500 feet or higher is insufficiently distinct to be meaningful. 

Since operations at this altitude also pose a heightened risk of collision with another aircraft, safety 

can only be assured through the grant of an exemption. The anticipated aircraft operations should 

be adequately addressed by paragraph (d) (1). Additionally, relief should not be needed from 

paragraph (a) because an emergency landing of the aircraft due to a power failure will not create 

an undue hazard to persons or property on the surface, as noted in the explanation of why an 

exemption will not adversely affect safety. 

 ArgenTech will have exclusive use of the land over which the sUAS will be operated, and 

public access is restricted. Controlled access to public utility land, structures or emergency 

response areas assure that no individuals unassociated with the planned operations are within the 

affected area of operations. ArgenTech personnel are required to wear mandatory safety 

equipment, including hard hats, safety glasses whenever dispatched to a work site. As such, the 

risk of injury is minimal. ArgenTech does not contemplate conducting operations over congested 

areas, so relief is not requested from paragraph (b). 

14 C.F.R. 91.151 

§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. 

(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. 

 Operating the sUAS in a pre-defined area with less than 30 minutes of reserve fuel does not 

raise the type of risk contemplated by §91.151, i.e., that an aircraft could run out of fuel in the 

event it has to be flown to an alternate airport or circle the planned airport in the event of 

unanticipated conditions. ArgenTech does not intend to use the sUAS for point-to-point flights 

and will not operate the sUAS beyond visual line of sight. Nor will the sUAS require an airport in 

order to land. Rather, ArgenTech will operate the sUAS using pre-planned flight paths (taking into 

account weather conditions) designed to allow the sUAS to fly to the point of intended landing. 
                 

ArgenTech Solutions, Inc. 

16701 SE McGillivray Suite 210 

Vancouver, WA 98683 

As such, there is no need for a time-based excess fuel requirement. Rather it should be sufficient 

to require only as much additional excess flight capacity as necessary to safely land the sUAS. We 

believe that a 20% energy reserve is more than sufficient to meet this objective. 

14 C.F.R. 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. ... 

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

within the United States, the second copy of the Aircraft Registration Application as 

provided for in §47.31(c), 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. 

... 

 The sUAS that ArgenTech intends to operate will not qualify for an airworthiness certificate 

unless the FAA chooses to issue them a restricted category certificate. This is because the sUAS 

do not meet the current conditions for either a standard airworthiness certificate or an experimental 

airworthiness certificate. Notably, under 14 C.F.R. §21.191,8 experimental airworthiness 

certificates are only available for research and development, showing compliance with regulations, 

crew training, exhibitions, air racing, market surveys, operating amateur-built aircraft, operating 

primary kit-built aircraft and operating light-sport aircraft. Until such time as the FAA develops 

airworthiness standards applicable to sUAS for non-recreational and nonexperimental use, 

ArgenTech submits that the FAA should consider exemptions to the requirements of §91.203(a). 

The absence of such exemptions hinders the development of sUAS and applicable uniform 

standards since it is only through the development of the aircraft that the FAA can reliably evaluate 

them and determine appropriate design standards. 

 Section 333 of the Modernization Act authorizes the FAA to exempt aircraft from the 

requirement for an airworthiness certificate based on a consideration of the size, weight, speed, 

operational capability of the particular UAS, as well as its proximity to airports and populated 

areas. An analysis of these criteria demonstrates that the sUAS operated without an airworthiness 

certificate in the areas and under the conditions contemplated by ArgenTech will be at least as 

safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness 

certificate without the conditions proposed in this request. The sUAS is less than 55 lbs. fully 

loaded, carries neither a pilot nor passenger, and operates exclusively within a secured area as set 

out in the UAS Operating Manual (Appendix B). Unlike other civil aircraft, operations under this 

exemption will be tightly controlled and monitored by the operator and observer. Operations will 
                 

ArgenTech Solutions, Inc. 

16701 SE McGillivray Suite 210 

Vancouver, WA 98683 

be conducted in compliance with the FAA and with local public safety requirements to provide 

security for the area of operation. Lastly, application of these same criteria demonstrates that there 

is no credible threat to national security posed by the sUAS, due to its size, speed of operation, 

location of operation, lack of explosive materials and inability to carry a substantial external load. 

 If the FAA waives the requirements of paragraph (a) (1), then it is technically impossible to 

comply with paragraph (b), so an exemption is merited there as well. 

14 C.F.R. 91.405(a), 91.407(a) (1) and 14 C.F.R. 91.409(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; 

... 

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

alteration. 

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

alteration unless: 

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

this chapter; 

... 

§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 

(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. 

... 

 ArgenTech believes that an exemption from these three maintenance requirements is 

appropriate because the FAA has not developed maintenance standards for UAS that would allow 

an operator to meet the part 91 maintenance requirements. In particular, there are no individuals 

authorized by the FAA to approve a sUAS for return to service under §91.407(a) or to conduct the 

initial airworthiness and annual return to service inspections required by §91.409(a). ArgenTech 

will maintain the aircraft as instructed in the owner’s manual and ASTM F2909(Attached as 
                 

ArgenTech Solutions, Inc. 

16701 SE McGillivray Suite 210 

Vancouver, WA 98683 

Appendix C), where applicable, and will not operate the aircraft until it has reasonably determined 

that any needed repairs have been made. However, because of the technical impossibility of 

meeting the requirements of §§91.405(a), 407(a) and 409(a), we believe an exemption from these 

provisions is appropriate. 

 Please do not hesitate to contact me at the phone number or via the e-mail address provided 

above should you have any questions or concerns. 

        Respectfully,

 

 Marcel Piet

 President-UAS Services 

 603-836-0588 X122 | Cell: 207-651-3476 

 Email: mpiet@agts.us
                 

ArgenTech Solutions, Inc. 

16701 SE McGillivray Suite 210 

Vancouver, WA 98683 

Summary for Federal Register Publications 

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

Register should the FAA determine that publication is needed. 

Petitioner: ArgenTech Solutions 

Sections of 14 C.F.R. Affected: 

 14 C.F.R. §61.113(a) and (b) 

 14 C.F.R. §91.7(a) 

 14 C.F.R. §91.9(b) (2) 

 14 C.F.R. §91.109(a) 

 14 C.F.R. §91.119 

 14 C.F.R. §91.151 

 14 C.F.R. §91.203(a) and (b) 

 14 C.F.R. §91.405(a) 

 14 C.F.R. §91.407(a) 

 14 C.F.R. §91.409(a) 

Description of Relief Sought: Petitioner seeks relief from the requirements of 14 C.F.R. §§45.29, 

61.113(a) & (b), 91.7(a), 91.9(b)(2), 91.119, 91.121(a), 91.151, 91.203(a) &(b), 91.405(a), 

91.407(a) and 91.409(a) to conduct sUAS operations over privet and publicly owned or controlled 

land, solely during daylight hours, to assist in the safe evaluation and analysis of public utility's 

and infrastructure and operations. In general, sUAS operations are intended to be conducted in 

areas remote from both congested areas and airports. The nature of operations anticipated by 

ArgenTech requires that the sUAS be flown at relatively low altitudes. ArgenTech expects that in 

most instances, the sUAS will be flown less than 75 feet from the highest structure along the path 

of the sUAS and in no instances will be flown higher than 400 feet above the ground. Accordingly, 

the risk of interference with other aircraft is minimal. 
                 

ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683

9 July, 2015 

Brenda Robeson 

Program Analyst, Airmen and 

Airspace Rules Division 

800 Independence Ave. SW 

Washington, D.C. 20591 

Dear Ms. Robeson 

We are in receipt of your letter dated 26 June, 2015 notifying us of the FAA request for 

additional information required to process our request for exemption from several provisions of 

Title 14 of the Code of Federal Regulations (C.F.R.). In your letter you indicated we needed to 

provide: “The reasons why granting the request would be in the public interest: That is, how it 

would benefit the public as a whole.” The section below provides the requested information. 

Also attached is our original request with the paragraphs below inserted to provide a complete 

document. 

Reason why granting the request would be in the public interest 

This exemption application is submitted to fulfill Congress’ goal in passing Section 333(a) 

through (c) of the Reform Act. This law directs the Secretary of Transportation to consider 

whether certain unmanned aircraft systems may operate safely in the NAS before completion of 

the rulemaking required under Section 332 under the same act. By granting an exemption the 

FAA will fulfill Congress’ intent of allowing UAS to operate with significant safety precautions 

in low risk environments.” See Exemption No. 11335, Regulatory Docket No. FAA–2014-1106, 

p.11 

The use of small unmanned aircraft (sUAS) for infrastructure inspection can significantly reduce 

the risk to workers of falls while inspecting, surveying, or monitoring numerous projects. sUAS 

can inspect, photograph, and collect real time data in hard to get to areas that as of now require 

worker inspection. Falls are the leading source of workplace fatality and injury on construction 

sites accounting for 36% of total deaths according to OSHA statistics and a reduction of falls 

through the use sUAS for site imaging and inspection could save workers’ lives, which is 

undoubtedly in the public interest. The petitioned aircraft is under the fifty-five pound threshold 

and carries no combustible material on board, as opposed to the much larger conventionally 

powered aircraft. Shifting to sUAS from other manned assets presents a marked safety increase 

for workers and the public. See similar approved Exemption No. 11335, Regulatory Docket No. 

FAA–2014-1106, p 11 
               

ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683

As stated “The FAA finds that a 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.” See Exemption No. 11062, Regulatory 

Docket No. FAA–2014–0352, p. 22 

Thank you for the notification and allowing us to provide the additional information. Should you 

have any further request for information, please feel free to contact me again. 

Respectfully,

        

        Marcel Piet

President‐UAS Services

        603‐836‐0588 X122 | Cell: 207‐651‐3476    

        Email: mpiet@agts.us

 
                 

ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683

Manager, Flight Standards Service 

Unmanned Aircraft Systems Integration Office 

Federal Aviation Administration 

800 Independence A venue, SW 

Washington, DC 20591 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

 

 ArgenTech Solutions respectfully requests an exemption from several provisions of Title 

14 of the Code of Federal Regulations (C.F.R.) to permit the use of small unmanned aerial 

systems (sUAS) to assist in the evaluation and inspection of Public Utilities, Infrastructure, 

Forest Fire monitoring and Emergency Public Response. This request is motivated primarily by 

the desire to maximize safety during hazardous operations, as well as assisting with public 

emergencies and to mitigate any safety concerns associated with such operations. While an 

exemption would not eliminate the current need for in-person visual inspection and monitoring it 

would allow ArgenTech Solutions to evaluate assets and infrastructure with sUAS, resulting in a 

safer and more efficient valuation of public utilities, infrastructure, wild fire monitoring and 

emergency public response. 

Company Profile 

 ArgenTech Solutions (AgTS) is a Veteran-Owned Small Business that was formed in 

March 2009 as a NH-based S-corporation. Our company core competencies include providing 

Unmanned Aerial System (UAS) Field Service Representatives (FSRs) in support of DoD and 

civilian industry. AgTS is a professional aviation organization with significant experience in 

UAV operation. 

 AgTS has supported 182 deployments with a combined total of 20,000 deployed days. As 

an aggregate, AgTS’ 50 highly trained Field Service Representative’s (FSR) have accumulated 

over 40,000 hours of experience as Pilot in Command (PIC) with over 13,000 UAS launches and 

recoveries for Group II and higher UAS. Our average FSR experience level is >950 hours PIC, 

>650 launches and recoveries. 

NOTE: 

All information pertaining to this system can be found in Appendix A (OEM manual). 
                 

ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683

ArgenTech Solutions hold's Unmanned Aircraft insurance with United States Aircraft Insurance 

Group (Policy Number SIHL1-142Y). 

ArgenTech Solutions intends to use the 3DRobotics Aero-M (The OEM Manual of which is 

attached as Appendix A) in its sUAS operations. 

ArgenTech intends to adopt 

 ASTM F2500-07 Standard Practice for Unmanned Aircraft System (UAS) Visual Range 

Flight Operations (Attached as Appendix B) 

 ASTM F2909-14 Standard Practice for Maintenance and Continued Airworthiness of 

small Unmanned Aircraft Systems (Attached as Appendix C). 

Reason why granting the request would be in the public interest 

This exemption application is submitted to fulfill Congress’ goal in passing Section 333(a) 

through (c) of the Reform Act. This law directs the Secretary of Transportation to consider 

whether certain unmanned aircraft systems may operate safely in the NAS before completion of 

the rulemaking required under Section 332 under the same act. By granting an exemption the 

FAA will fulfill Congress’ intent of allowing UAS to operate with significant safety precautions 

in low risk environments.” See Exemption No. 11335, Regulatory Docket No. FAA–2014-1106, 

p.11 

The use of small unmanned aircraft (sUAS) for infrastructure inspection can significantly reduce 

the risk to workers of falls while inspecting, surveying, or monitoring numerous projects. sUAS 

can inspect, photograph, and collect real time data in hard to get to areas that as of now require 

worker inspection. Falls are the leading source of workplace fatality and injury on construction 

sites accounting for 36% of total deaths according to OSHA statistics and a reduction of falls 

through the use sUAS for site imaging and inspection could save workers’ lives, which is 

undoubtedly in the public interest. The petitioned aircraft is under the fifty-five pound threshold 

and carries no combustible material on board, as opposed to the much larger conventionally 

powered aircraft. Shifting to sUAS from other manned assets presents a marked safety increase 

for workers and the public. See similar approved Exemption No. 11335, Regulatory Docket No. 

FAA–2014-1106, p 11 

As stated “The FAA finds that a 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.” See Exemption No. 11062, Regulatory 

Docket No. FAA–2014–0352, p. 22 
                 

ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683

Regulatory Provisions from which ArgenTech Solutions seeks an Exemption 

 ArgenTech Solutions believes it may need an exemption from the following provisions to 

conduct the contemplated operations. In some instances, relief is needed because relief from 

another provision renders compliance with the regulation at hand infeasible. 

 14 C.F.R. §61.113(a) and (b) 

 14 C.F.R. §91.7(a) 

 14 C.F.R. §91.9(b)(2) 

 14 C.F.R. §91.109(a) 

 14 C.F.R. §91.119 

 14 C.F.R. §91.151 

 14 C.F.R. §91.203(a) and (b) 

 14 C.F.R. §91.405(a) 

 14 C.F.R. §91.407(a) 

 14 C.F.R. §91.409(a) 

 ArgenTech Solutions believes an exemption is only needed from the above-listed 

regulatory provisions. To the extent that the FAA believes that additional relief is required for 

ArgenTech Solutions to conduct the operations described here, we request an exemption from 

any such regulatory provisions as well.

The Extent of Requested Relief and the Reasons Relief is Needed 

14 C.F.R. §61.113(a) and (b) 

 

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

 (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. 

 (b) A private pilot may, for compensation or hire, act as pilot in command of an 

 aircraft in connection with any business or employment if: 

 (1) The flight is only incidental to that business or employment; and 

 (2) The aircraft does not carry passengers or property for compensation or 

 hire. 
                 

ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683

ArgenTech Solutions specially trained employees will conduct the sUAS operations. While these 

individuals will have private pilot licenses, they will not hold commercial pilot licenses. The 

sUAS will not carry property for compensation or hire since they will be used solely to assist in 

evaluation and inspections of public utilities and infrastructure. Without an exemption, the pilot 

would be required to hold a commercial pilot certificate under §61.133. However, the 

risk associated with the contemplated operations is less than the risk posed by a traditional 

aircraft. The sUAS will fly at altitudes well below the permissible limits for other civil aircraft, 

eliminating the risk to other aircraft, and within a geographical envelope under the sole control of 

ArgenTech Solutions. Accordingly, the risk would be limited to ArgenTech personnel, who will 

be appropriately outfitted in safety gear. Requiring a commercial pilot certificate would provide 

no appreciable safety benefit and would needlessly impose additional cost on ArgenTech. 

Because the contemplated operations would not comply with §61.113(b)(1) and none of the other 

exceptions to paragraph (a) apply, relief is needed from both paragraphs (a) and (b). 

14 C.F.R. 91.7(a) 

 §91.7 Civil aircraft airworthiness. 

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

 (b) The pilot in command of a civil aircraft is responsible for determining 

 whether that aircraft is in condition for safe flight. The pilot in command shall 

 discontinue the flight when un-airworthy mechanical, electrical, or structural 

 conditions occur. 

 There is no clear definition of “airworthy,” and the term has been defined in various ways 

depending on the circumstances.In all instances, it appears that the concept includes a 

requirement that the airplane 1) conforms to the aircraft’s type design or its type certificate, as 

modified by supplemental type certificates and airworthiness directives, and 2) be in condition 

for safe operations. The sUAS will not have a type design or type certificate, as the FAA has not 

developed standards applicable to sUAS. As discussed later in this document, the types of 

operations contemplated by ArgenTech will not qualify the sUAS for an experimental 

airworthiness certificate. Accordingly, relief from §91.7(a) is required. Should the FAA include 

airworthiness requirements as a condition of exercising the exemption, ArgenTech will assure 

the continued airworthiness of the sUAS. Regardless, ArgenTech believes that it can meet the 

requirements of §91.7(b) and is not requesting an exemption from that provision. 

14 C.F.R. 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 -- 
                 

ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683

 *** 

 (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 manual 

 material, markings, and placards, or any combination thereof. 

 ***** 

 The sUAS comes with access to online manuals that provide instructions for the safe 

operation and maintenance of the aircraft. Compliance with this regulatory provision is not 

possible because this information has not been, and cannot be, approved by the FAA since there 

are no applicable standards established by the FAA against which to evaluate it. Additionally, 

the sUAS is too small to carry a printed manual. Since, by definition, there will never be a 

person aboard the sUAS, ArgenTech submits that there is no need to require the manual to be 

placed on the sUAS and an exemption is appropriate. Safety will be maintained by keeping the 

flight manual at the ground control point where the PIC will have immediate access to it. Since 

the sUAS cannot be operated without the Ground Control Station containing the manuals, there 

is minimal risk that the manuals will become separated from the sUAS, and ArgenTech will be 

able to immediately locate the manuals to effectuate any needed repairs on the sUAS detailed in 

the flight manual. 

14 C.F.R. 91.109 

 §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.... 

 

 Small UASs, by their design, do not have fully functional dual controls. Flight control is 

accomplished through the use of a Ground Control Station that communicates with the aircraft 

via radio communications (C2 Link). Aircraft being considered for use by ArgenTech allows the 

UAS Instructor to place the aircraft into ‘loiter’ mode (fixed altitude stationary hold). In the 

event of the student losing control, the UAS Instructor can quickly and via alternate equipment 

(equipment not in the hands of the student) place the aircraft into a mode that then allows the 

instructor to bring the aircraft back into control and back to the pre-determined and/or safe 

landing location. 

14 C.F.R. 91.119 

 §91.119 Minimum safe altitudes: General. 
                 

ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683

 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. 

 ***** 

 ArgenTech submits that the only relief it requires from §91.119 is from the minimum 

altitudes listed in paragraph (c). Relief is required from paragraph (c) for fixed wing operations 

because asset evaluation conducted at 500 feet or higher is insufficiently distinct to be 

meaningful. Since operations at this altitude also pose a heightened risk of collision with another 

aircraft, safety can only be assured through the grant of an exemption. The anticipated aircraft 

operations should be adequately addressed by paragraph (d) (1). Additionally, relief should not 

be needed from paragraph (a) because an emergency landing of the aircraft due to a power 

failure will not create an undue hazard to persons or property on the surface. As noted in the 

explanation of why an exemption will not adversely affect safety, 

 ArgenTech will have exclusive use of the land over which the sUAS will be operated, 

and public access is restricted. Controlled access to public utility land, structures or emergency 

response areas assure that no individuals unassociated with the planned operations are within the 

affected area of operations. ArgenTech personnel are required to wear mandatory safety 

equipment, including hard hats, safety glasses whenever dispatched to a work site. As such, the 

risk of injury is minimal. ArgenTech does not contemplate conducting operations over congested 

areas, so relief is not requested from paragraph (b). 

14 C.F.R. 91.151 

 §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. 
                 

ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683

 (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. 

 

 Operating the sUAS in a pre-defined area with less than 30 minutes of reserve fuel does 

not raise the type of risk contemplated by §91.151, i.e., that an aircraft could run out of fuel in 

the event it has to be flown to an alternate airport or circle the planned airport in the event of 

unanticipated conditions. ArgenTech does not intend to use the sUAS for point-to-point flights 

and will not operate the sUAS beyond visual line of sight. Nor will the sUAS require an airport 

in order to land. Rather, ArgenTech will operate the sUAS using pre-planned flight paths (taking 

into account weather conditions) designed to allow the sUAS to fly to the point of intended 

landing. As such, there is no need for a time-based excess fuel requirement. Rather it should be 

sufficient to require only as much additional excess flight capacity as necessary to safely land the 

sUAS. We believe that a 20% energy reserve is more than sufficient to meet this objective. 

14 C.F.R. 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. *** 

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

 operations within the United States, the second copy of the Aircraft 

 Registration Application as provided for in §47.31(c), 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. 

 ***** 

The sUAS that ArgenTech intends to operate will not qualify for an airworthiness certificate 

unless the FAA chooses to issue them a restricted category certificate. This is because the sUAS 

do not meet the current conditions for either a standard airworthiness certificate or an 

experimental airworthiness certificate. Notably, under 14 C.F.R. §21.191,8 experimental 

airworthiness certificates are only available for research and development, showing compliance 

with regulations, crew training, exhibitions, air racing, market surveys, operating amateur-built 

aircraft, operating primary kit-built aircraft and operating light-sport aircraft. Until such time as 
                 

ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683

the FAA develops airworthiness standards applicable to sUAS for non-recreational and 

nonexperimental use, ArgenTech submits that the FAA should consider exemptions to the 

requirements of §91.203(a). The absence of such exemptions hinders the development of sUAS 

and applicable uniform standards since it is only through the development of the aircraft that the 

FAA can reliably evaluate them and determine appropriate design standards. 

 Section 333 of the Modernization Act authorizes the FAA to exempt aircraft from the 

requirement for an airworthiness certificate based on a consideration of the size, weight, speed, 

operational capability of the particular UAS, as well as its proximity to airports and populated 

areas. An analysis of these criteria demonstrates that the sUAS operated without an airworthiness 

certificate in the areas and under the conditions contemplated by ArgenTech will be at least as 

safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the conditions proposed in this request. The sUAS is less than 

55 lbs. fully loaded, carries neither a pilot nor passenger, and operates exclusively within a 

secured area as set out in the UAS Operating Manual (Appendix B). Unlike other civil aircraft, 

operations under this exemption will be tightly controlled and monitored by the operator and 

observer. Operations will be conducted in compliance with the FAA and with local public safety 

requirements to provide security for the area of operation. Lastly, application of these same 

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

to its size, speed of operation, location of operation, lack of explosive materials and inability to 

carry a substantial external load. 

 If the FAA waives the requirements of paragraph (a) (1), then it is technically impossible 

to comply with paragraph (b), so an exemption is merited there as well. 

14 C.F.R. 91.405(a), 91.407(a) (1) and 14 C.F.R. 91.409(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; 

 ***** 

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

 alteration. 

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

 rebuilding, or alteration unless – 

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

 §43.7 of this chapter; 

 ***** 

 §91.409 Inspections. 
                 

ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683

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

 aircraft unless, within the preceding 12 calendar months, it has had __ 

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

 been approved for return to service by a person authorized by §43.7 of this 

 chapter; or 

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

 accordance with part 21 of this chapter. 

 ***** 

 ArgenTech believes that an exemption from these three maintenance requirements is 

appropriate because the FAA has not developed maintenance standards that would allow an 

operator to meet the part 91 maintenance requirements. In particular, there are no individuals 

authorized by the FAA to approve a sUAS for return to service under §91.407(a) or to conduct 

the initial airworthiness and annual return to service inspections required by §91.409(a). 

ArgenTech will maintain the aircraft as instructed in the owner’s manual and ASTM 

F2909(Attached as Appendix C), where applicable, and will not operate the aircraft until it has 

reasonably determined that any needed repairs have been made. However, because of the 

technical impossibility of meeting the requirements of §§91.405(a), 407(a) and 409(a), we 

believe an exemption from these provisions 

is appropriate. 

 Please do not hesitate to contact me at the phone number or via the e-mail address 

provided above should you have any questions or concerns. 

        Respectfully,

        

        Marcel Piet

President‐UAS Services

        603‐836‐0588 X122 | Cell: 207‐651‐3476    

        Email: mpiet@agts.us
                 

ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683

Summary for Federal Register Publication 

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

Register should the FAA determine that publication is needed. 

Petitioner: ArgenTech Solutions 

Sections of 14 C.F.R. Affected: 

 14 C.F.R. §61.113(a) and (b) 

 14 C.F.R. §91.7(a) 

 14 C.F.R. §91.9(b) (2) 

 14 C.F.R. §91.109(a) 

 14 C.F.R. §91.119 

 14 C.F.R. §91.151 

 14 C.F.R. §91.203(a) and (b) 

 14 C.F.R. §91.405(a) 

 14 C.F.R. §91.407(a) 

 14 C.F.R. §91.409(a) 

Description of Relief Sought: Petitioner seeks relief from the requirements of 14 C.F.R. §§45.29, 

61.113(a) & (b), 91.7(a), 91.9(b)(2), 91.119, 91.121(a), 91.151, 91.203(a) &(b), 91.405(a), 

91.407(a) and 91.409(a) to conduct sUAS operations over privet and publicly owned or 

controlled land, solely during daylight hours, to assist in the safe evaluation and analysis of 

public utility's and infrastructure and operations. In general, sUAS operations are intended to be 

conducted in areas remote from both congested areas and airports. The nature of operations 

anticipated by ArgenTech requires that the sUAS be flown at relatively low altitudes. ArgenTech 

expects that in most instances, the sUAS will be flown less than 75 feet from the highest 

structure along the path of the sUAS and in no instances will be flown higher than 400 feet above 

the ground. Accordingly, the risk of interference with other aircraft is minimal.