September 25, 2015

Exemption No. 13005

Regulatory Docket No. FAA−2015−2766

Mr. Edward Gardner

New England Safety Partners, LLC

61 Chapel Street

Newton, MA 02458

Dear Mr. Gardner:

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 letter dated May 29, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of New England Safety Partners, LLC (hereinafter petitioner or operator) for an 

exemption. The petitioner requested to operate an unmanned aircraft system (UAS) to 

conduct aerial photography for elevated photographic and remote sensing operations.

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 Blade 350 QX2 AP.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. 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 
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aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

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

14 CFR part 21, 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, New England Safety Partners, LLC 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.
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Conditions and Limitations

In this grant of exemption, New England Safety Partners, LLC 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 Blade 350 QX2 AP 

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

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator 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.
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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 

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.
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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 

(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.
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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.

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

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
May 29, 2015

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590

Re: Exemption Request Pursuant To Section 333 of the FAA Reform Act of 2012

Dear Sir or Madam,

Pursuant to §333 of the FAA Modernization and Reform Act of2012 (the Reform Act) and 14 

C.F.R. Part 11, New England Safety Partners, LLC (NESP), operator of Small Unmanned 

Aircraft Systems (sUASs) equipped to conduct aerial photography for the construction industry

for pre-planned, controlled areas, photographic and surveying services, hereby applies for an 

exemption from the listed Federal Aviation Regulations (FARs) to allow commercial operation 

of its sUASs, so long as such operations are conducted within and under the conditions outlined 

herein or as may be established by the Federal Aviation Administration (FAA) as required by 

§333. NESP's current operation of sUASs for commercial purposes has been halted to comply 

with recently enacted federal aviation regulations pertaining to sUASs.

As described more fully below, the requested exemption would permit the operation of small, 

unmanned and relatively inexpensive multirotor aircraft under controlled conditions in airspace 

that is 1) contained 2) predetermined 3) has on-site safety personnel controlling access, and 4) 

would provide increased safety and enhancements to clients' business operations.

The name and address of the applicant is: New England Safety Partners, LLC, Attn: Edward 

Gardner, 61 Chapel St., Newton, MA 02458, ph: (617)219-9760, edg@newenglandsp.com. 

NESP respectfully requests a grant of an exemption of the following sections of Title 14 of the 

Code of Federal Regulations:

• 14 CFR 21;

• 14 CFR 91, et seq.;

• 14 CFR 45.23 (b);

• 14 CFR 61.113 (a) & (b);

• 14 CFR 407 (a)(l);

• 14 CFR 409 (a)(2);

• 14 CFR 417(a)&(b).

NESP also respectfully requests an Exemption from Section 333 of the FAA Reform Act and 

Part 11 of the Federal Aviation Regulations from:
• 14 CFR 45.23(b);

• 14 CFR Part 21;

• 14 CFR 61.1 13 (a) & (b);

• 91.7 (a);

• 91.9(b)(2);

• 91.103(b);

• 91.109;

• 91.119;

• 91.12 1;

• 91.151(a);

• 91.203(a) & (b);

• 91.405 (a);

• 91.407 (a) (1 );

• 91.409 (a) (2);

• 91.417 (a) & (b).

I. The Extent of Relief New England Safety Partners, LLC, Seeks and the Reason It Seeks 

Such Relief:

NESP submits this application in accordance with the Reform Act, 112 P.L. 95 §§331-334, 

seeking relief from any currently applicable federal aviation regulations PARs pertaining to 

UASs (unmanned aircraft systems) and operating to prevent NESP contemplated commercial 

photographic, mapping, and other flight operations within the U.S. national airspace system.

The Reform Act in §332 provides for such integration of civil UASs into our national airspace 

system as it is in the public's interest to do so. NESP's lightweight UASs meet the definition of 

"small unmanned aircraft" as set forth in §331 and combined with a sterling safety record in 

similar industries, NESP's light duty UASs are ideal recipients of exemption by the intent of the 

Reform Act. Considerations for relief include a combination of sUAS physical characteristics, 

safety features, and safe practices identified in §333:

• sUAS weight,

• sUAS overall size,

• sUAS speed over ground,

• sUAS flight zone characteristecs,

• Non -operation near airports (civilian or military),

• Tightly controlled operation in populated areas,

• Operation of the UAS by VLOS.

• Coordination by a minimum of 4 persons, three staff members of NESP and one safety 

official from the client.

Specific consideration is outlined below:
14 C.F.R. Part 21, Subpart H : Airworthiness Certificates

14 C.F.R. §91.203 (a)( 1) Subpart H, entitled Airworthiness Certificates, establishes the 

procedural requirements for the issuance of airworthiness certificates as required by FAR 

§91.203 (a) (1 ) . Given the size and limited operating area associated sUASs, an exemption from 

Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and §333 

of the Reform Ac t. The Federal Aviation Act (49 U.S.C.§4470 1 (f)) and §333 of the Reform 

Act 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 UAS 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 (fixed wing or rotorcraft) operating with an airworthiness certificate 

without the restrictions and conditions proposed.

The sUAS to be operated by NESP is less than 11kg1 with maximal payload consisting of remote 

sensing instrumentation, carries no persons, carries no explosive or flammable materials 

including combustible fuels, and operates exclusively within a secured area. Unlike other civil 

aircraft, operations under this exemption will be tightly controlled and monitored by both the 

pilot (PIC), 'spotter' role designated to act as both the remote sensing controller and secondary 

monitor for safety issues, and a technician, which assists in matters related to maintaining the 

sUAS and also monitors for safety concerns and reports to the on-site safety officials. These 

enhancements to current safety practices and regulations, which already apply to civil aircraft, 

provide a greater degree of safety to the public and property owners than conventional aircraft 

operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H . 

Lastly, application of these same criteria demonstrates that there is no intrinsic credible threat to 

national security posed by the UAS, due to its size, speed of operation, location of operation, 

lack of intrinsic 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 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 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 frame in compliance with §45.29 (f) at a size 

suitable for the available space.

1 In particular, NESP anticipates using the Blade 350 QX2 AP, weighing approximately 1kg.

 
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 sUAV will see the 

identification of the UAS as "Experimental." The FAA has issued the following exemptions to 

this regulation to Exemptions Nos. 10700, 8738, 10167, 10167A, and 11333.

Further markings include the use of flashing LED illumination on the underside of the sUAS 

frame which stands at contrast against a blue or white sky.

14 C.F.R. §61.11 3 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command.

§61.113 (a) and (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 a ground crew member to have a private pilot's license rather 

than a commercial pilot's license to operate this sUAS. Unlike a conventional aircraft that carries 

the pilot and passengers, the sUAS is remotely controlled with no persons on board. The area of 

operation is controlled and restricted, and all flights are planned and coordinated in advance. 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 as requested with a private pilot in the ground crew exceeds the present level of safety

achieved by 14 C.F.R. §61.1 13 (a) & (b).

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 maintenance and preflight safety check lists prior to each 

flight, a subset of which are provided in the enclosed Supplemental material, an equivalent level 

of safety will be provided.

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

§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, given its size and configuration, has no ability to carry a physical flight manual 

onboard the aircraft. The 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: Exemptions Nos. 8607,

8737, 8738, 9299, 9299A, 9565, 95658, 10167, 10167A, 10602, 32827, 10700, and 11333.
14 C.F.R. §91.103: Preflight action

This regulation requires each PIC 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. The PIC will take all actions including reviewing weather, flight 

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

initiation of flight. Further, we have manuals created by the manufacturer, as well as our own 

preflight checklists which have been developed to ensure best safe practices are adhered to.

14 C.F.R. §91.109: Flight instruction

§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 controls. sUASs 

and remotely piloted aircraft, by their design, 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 Exemptions Nos. 5778K & 9862A. See also Exemption No. 11333. The equivalent 

level of safety is 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. Enhancing this safety is the technology inherent 

in the remote controls utilizing digital communications paired to the sUAS, thus making it nearly 

impossible to have the control communications interrupted unintentionally or intentionally.

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

§91.119 establishes safe altitudes for operation of civil aircraft. §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 a sUAS that closely mimics the behavior of 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, the UAS will never operate at higher than 400 AGL or beyond 

unaided visual line of sight, whichever is closer. It will however be operated in a restricted area 

with security officials tasked with ensuring public safety, and where buildings and people will

not be exposed to operations without their pre-obtained consent and training.

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well 

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

the property owner in the case of private property or local officials in the case of public property 

or private property with public interests.

Because of the advance notice to the property owner and participants in the remote sensing 

activity, all affected individuals will be aware of the planned flight operations. Compared to 

flight operations with aircraft or rotorcraft weighting far more than the maximum 11kg of 

NESP's sUASs proposed herein and the lack of flammable fuel, any risk associated with these 

operations is far less than t hose presently presented with conventional aircraft operating at or 

below 500 AGL. In addition, the low-altitude operations of the sUAS will ensure separation 
between these small-UAS operations and the operations of conventional aircraft that must 

comply with §91.119.

14 C.F.R . §91.121 Altimeter Settings

§91.121 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, confirming the altitude of the launch site shown on the GPS altitude 

indicator before flight. The PIC and Technician will also ensure effective pairing with multiple 

GPS sources to guarantee accurate detection of height.

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

§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” The battery 

powering the sUAS provides approximately 15 minutes of powered flight in hover mode without 

payload. NESP's sUAS will not be able to meet the 30 minute reserve requirement in 14 CPR §9 

1.15 1. Operating the small UAS, in a tightly controlled area where only people and property 

owners or official representatives who have signed waivers will be allowed, with less than 30 

minutes of reserve power, does not engender the type of risks that Section 9l.l51(a) was intended 

to alleviate given the size and speed of the small UAS. NESP believes that an equivalent level of

safety can be achieved by limiting flights to 10 minutes or 25% of battery power whichever 

happens first. This restriction would be more than adequate to return the sUAS to its planned 

landing zone from anywhere in its limited operating area.

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 

10673, 10808, and 11333.

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

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.

The sUAS fully loaded weighs no more than 11kg 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 Exemptions Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, 10700, 

and 11333.

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 flight 

manual. An equivalent level of safety will be achieved because these small UASs are very 

limited in size and will carry a small payload and operate only in restricted areas for limited 

periods of time. If mechanical issues arise the UAS can land immediately and will be operating 

from no higher than 400 feet AGL. The operator will ensure that the UAS 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.

An exemption granted to NESP would permit its operation of lightweight, unmanned, remotely

controlled, sUASs in a tightly controlled environment with limited airspace. NESP utilizes local 

businesses' safety officers in specifically determined areas (designed flight zone) to mitigate 

injury and property damage while fulfilling clients' goals. Technical enhancements to current 

safety controls will allow NESP to operate exceeding current safety specifications, and stay 

ahead of, or meet, new ones being implemented by the FAA and Department of Transportation. 

Further, NESP conducts its operations in compliance with protocols described herein or as 

otherwise established by the FAA.

II. Commercial and Public Benefits

We at NESP believe that granting this exemption request furthers the public interest by providing 

safe (by way of an unmanned system) and efficient means to meet technical problems solvable 

by elevated data collection instruments. NESP's client base consists typically of small to medium 

sized businesses looking to increase their awareness of structures or landscape on their respective 

properties through data collection by photographic, videographic or lidar based surveying. By 

moving these functions onto sUAS based aircraft, the potential for loss of life or property is 

diminished due to the greater control in a smaller and safer aircraft that holds no persons. 

Second, there are no reactive or combustible materials on board the sUAS and thus the potential 

for fire or explosions is greatly diminished. Third, the small size and extreme maneuverability of 

NESP’s UASs allow the PIC to avoid hazards. Lastly, due to the nature of the remote sensing 

instrumentation on board, the sUAS can maintain quite a safe distance between the aircraft and 
the object(s) undergoing scrutiny. Additionally, NESP carries CGL coverage through Acord 

Insurance (certificate attached). Accordingly, NESP's UASs have operated and will continue to 

operate at and above current safety levels.

A. The costs and benefits of your proposed action to society in general and specific 

groups within society

As described above, NESP's past customers have been small to medium businesses seeking a 

remote sensing solution to specific issues before a larger effort on their part would come 

underway. Examples include construction efforts that sought elevated photographic imagery of 

specific landforms to minimize cost of efforts to develop.

.

The impact to society, financial and otherwise, would be extremely minimal. Indeed, it hass been 

demonstrated that sUASs have the ability to drastically increase the information available to 

policymakers at a fraction of the cost of measuring this data by terrestrial means. One such 

impact would be inconvenience to directly proximal and non-essential personnel that would be 

displaced from public or business owned property if it is deemed to be unsafe. In this case we 

relay our needs for a f1ight zone with the requirement that it be safe from casual intrusions and 

allow the business time to shift operations in order to minimize potential safety issues. This is 

best performed with the aid of safety personnel that actively steer non-essential persons around 

the flight zone.

1. The effect of an exemption for NESP on the quality of the natural and social 

environments

Utilizing sUASs minimizes the requirement for conventional aircraft. This eliminates the need 

for an on board pilot, time consuming adherence to regulations surrounding bookkeeping, and 

submission of flight paths to local civilian or military airports, and detrimental effects to the 

environment caused by operating a combustible fuel based, large scale aircraft, with restrictions 

on the proximity to the target for remote sensing.

Ill. Flight Capabilities and Characteristics of NESP's UASs

Pursuant to 112 P.L. 95 §333 (a), concerns for public safety are mitigated by the overall 

capabilities and characteristics of the sUAS. 

NESP’s UASs utilizes four (4) counter-rotating propellers paired oppositely to each other for 

balance, control and stability. The total span of the sUAS is 46.5cm all owing for stable flight or 

landing even with the sudden onset of detrimental environmental conditions. The sUAS's have a 

combined unit and payload mass of approximately 1kg, including cinematic/photographic or 

other surveying equipment. NESP's sUAS is designed to primarily hover in place to capture 

photographic data and then operate at less than a 35 knot maximum speed to the next point of 

interest. They are capable of vertical and horizontal operations but, in practice, are operated only 

within unaided VLOS of the PIC. 
In addition to the PIC, NESP employs a spotter (VOS role) which are equipped with FCC Part 90 

two way radios for communication (FCC license WQUC203, see attached) as well as unaided 

communication. These personnel are supplemented by additional safety officials provided by the 

client who are instructed to cordon off and otherwise minimize pedestrian access in the flight 

zone of the client's grounds. In the event of loss of visual of the UAS, the PIC can change flight 

controls to recall the VAS to the PIC's position without concern to the current heading of the 

sUAS. In the event of loss of sight of the sUAS into an area containing hazards or possible 

hazards, the spotter and the pilot has a real time live video feed which can be used to locate the 

UAS while it maintains its position in hover mode. The sUAS has demonstrated its ability to 

maintain its position by GPS coordinates in hover mode in 25-kph wind gusts at 25 feet 

representing an extreme environmental condition beyond the range of conditions within the 

scope for sUAS operation.

All of NESP's sUASs utilize LiPo (lithium polymer) battery based power sources, decreasing 

safety risks from more easily combustible, fuel based, power sources. Flight times generally last 

between eight (8) to ten (10) minutes allowing the staff to work with small flight areas per phase. 

The maximum flight time without payload is 13 to 15 minutes, however practical safe operation 

limits this to 10 to give ample time to control the sUAS to a safe landing zone. NESP further 

restricts flight time by not operating its sUASs with less than twenty-five percent battery 

capacity. Further safety management systems in place include a GPS mode that allows NESP

sUASs to hover in place if communication with the PIC is lost and optionally return at a set 

speed and height to a 'home base' predesignated safe landing zone. In the event of unforeseen 

motor(s) failure, the system will enter into a controlled descent while allowing full use of all 

UAS flight controls by the PIC. All commands sent via remote controller received during a 

controlled descent are translated to an 'as meant' paradigm meaning the flight control package 

will use its realtime 3 dimensional position and compensate rotors control the sUAS regardless 

of spin velocity. Landing gear is also programmed to deploy based on sensing of range to ground 

from non-GPS based sources. This assures that if one system is compensated a safe and 

successful landing can still occur.

IV. Reasons Why an Exemption to NESP Will Not Adversely Affect Safety Standards

NESP's contends that operation of its sUASs will not "create a hazard to users of the national 

airspace system or the public:' as stated in 112 P.L. 95 §333 (b). Given the diminutive size and 

weight of NESP's sUASs, combined with their operation in cordoned off and well-controlled 

areas, NESP's sUASs fall well within Congress's contemplated safety zone. NESP sUASs have 

an established safety record bolstered by multi-point preflight checklist, awareness of their 

surroundings, and intimate knowledge of the behavior of the sUAS platform in many weather

conditions. This safety record and implemented operational practices demonstrate an awareness 

of public safety.

NESP operations routinely provide a level of safety at least equal to existing rules, and in nearly 

every instance, exceed existing rules. NESP has worked very closely with the regional vendors 

and support for this unit to create a tightly integrated and highly fault tolerant platform that has 

been tested thoroughly by a vendor with a proven record for safety and solid designs.
Though it does not mitigate safety it is of note that as of May 2015 there are few companies that 

will insure sUAS operations and sUAS based companies. NESP does not operate its UASs on or 

near airports and generally has only operated its fleet on private grounds with cordoned off areas 

or areas under the control of the property owner/client with assistance by safety officials 

employed by the business. NESP determines the areas needed to fulfill the clients' goals and only 

operates its UASs in these flight zones and only in compliance with well-regarded safety 

protocols set forth initially by the RC UAS trade and hobby groups and recently codified by 

relevant FARs.

NESP standardized on the following practices to ensure safe operation of its UASs:

• Work with on-site personnel to plan the flight goals,

• Work with on-site personnel to restrict access to non-essential persons,

• Operation by unaided VLOS operation only,

• Operation in phases 10 minutes in length,

• Operation to minimal 25% battery power,

• Operation of device to telemetry-aided readout to 400ft at maximum,

• Numerous pre- programmed fail-safes that ensure specific behavior per issue,

• Three main roles supplemented by on-site safety personnel,

• Employ controlled life cycle management of components to guard against multiple 

failures,

• Preform a site check before flight to identify potential issues,

• Subscribe to relevant local weather and safety alerts,

• Expertly choose data collection instruments and accessories to minimize flight 

requirements or expertise.

NESP has experience in similar fields and has adapted this experience in its use of UASs to 

increase safety. In combination to the ever expanding knowledge repositories from hobbyists and 

experts alike, NESP is constantly evolving its practices when there is a clear benefit to operations 

or increased safety element.

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:

NESP {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); 9 1.1 03{b); 91.109; 91.119; 

91.121; 91.151(a); 91.203(a) & (b); 91.405 (a); 91.407 (a) (1 ); 9 1.409 (a) (2); 91.409 (a) {2) 

and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (11kg or less) in 

elevated photographic and remote sensing operations.

Approval of exemptions allowing commercial operations of sUASs in the media industry will 

enhance safety by reducing risk associated with conventional aircraft operations and other means 

of elevated remote sensing involving persons. The public benefit served by approval of this 

petition is increased awareness of characteristics of difficult imaging targets. A sUAS weighing 

fewer than 11kg and powered by sealed batteries eliminates virtually all associated risk inherent 
in operating conventional aircraft in close proximity to buildings or persons or otherwise 

elevating persons to a position they would be able to collect needed data. 

The operation of small UASs, weighing less than 55lbs., 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.

As identified and described herein, New England Safety Partners, LLC, is an New England 

Safety Partners helps small and medium sized business mitigate risk associated with traditionally 

disparate spheres of influence – Physical Security, Cyber Security and Compliance. We provide 

our clients with comprehensive cyber and physical security and safety services, 

including executive protection and training. 

The FAA has been given the authority to issue the exemption to New England Safety Partners, 

LLC, pursuant to the Federal Aviation Act, 85 P.L. 726 (1958), and as such, we humbly seek 

your consideration and approval of this petition.

Respectfully submitted, 

Edward Gardner 

New England Safety Partners, LLC