Original 07/16/2015 Page 1

July 16, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Petition under Section 333 of the FAA Modernization & Reform 

Act, and Title 14 Part 11 of the Code of Federal Regulations (CFR)

14 CFR 61.113, 

14 CFR 91.7, 91.119, 91.121, 91.151

14 CFR 91 Subpart E (91.405, 91.407, 91.409, 91.417)

Dear Sir or Madam,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform

Act) and 14 C.F.R. Part 11, Galaxy Aviation Inc. files this petition on behalf of its 

client, PondMedics Incorporated (PondMedics) to operate Unmanned Aircraft 

Systems (UAS) for commercial purposes.

The requested exemption would support an application for a commercial Certificate of 

Authorization (COA) to utilize the Unmanned Aircrafts (UA) to offer Aerial Data 

Collection and Surveying services for all appropriate commercial industries.

A few examples of such industries include, but not limited to, are lake and pond aerial 

imaging, mapping, 3D modeling, Oil & Gas industry, structure inspections, agriculture, 

real estate properties, construction site surveys, and other potential industries that need 

aerial data collection.

PondMedics is a company based in the state of Texas, which provides engineering, 

management and consulting services to private and public lake owners and managers.

By approving the exemption request, PondMedics’ proposed UAS operations will 

create benefits to both the economy and the environment which are ultimately in the 

public interest.

The Unmanned Aircrafts consist lightweight battery operated 3D Robotics

Iris+ quadcopter (Iris+), Event 38 E384 (E384) fixed wing unmanned aircraft,

onboard sensors, and associated communications equipment.

The unmanned aircrafts carry onboard camera systems that allow them to perform 

aerial data collection, and surveying. 

The aforementioned UA have previously demonstrated to meet the safety standards 

and operational requirements resulting in recent grants of section 333 exemption 

requests by other commercial UAS operators.
Original 07/16/2015 Page 2

The aircraft will be operated by FAA licensed Pilot in Command, and if required, a 

Visual Observer in accordance with the limitations set forth in the grant and the 

following applicable restrictions:

- All operations will occur at no more than 400' above ground level (AGL)

- The aircrafts will be operated with the permission of the property owner

- When necessary, applicable permits will be acquired from local authorities

- Operations will be limited to day, visual meteorological conditions

- Aircraft will remain within Visual Line of Sight of the PIC at all time

- While the aircraft is airborne, the VO will be able to communicate verbally with the PIC

- When necessary and applicable, PondMedics will file a NOTAM providing radial/DME, 

radius, and a date/time group for each operation

- The UA will not be operated from any moving vehicle

- The proposed operations will not be conducted during night time

- For certain complex operations, PondMedics may assign sensor or software 

operators to assist the operations

We submit that the combination of ;

- UASs’ size, light weight and historically demonstrated safe operations and receiving 

recent approvals of multiple section 333 petitions

- Fully qualified flight crew

- Restricted operations under the guidelines established within the grant,

 the FAA can have confidence that PondMedics’ UAS operations will have an 

equivalent or greater level of safety as manned aircraft performing the same missions.

We are prepared to modify or amend any part of this request to satisfy the need for an 

equivalent level of safety. Additional documents supporting this petition will be 

submitted following this request. 

We look forward to working with your office.

Please contact us at any time if you require additional information or clarification.

Respectfully,

Bryan Archer

Agent for PondMedics Incorporated

Accountable Manager 

Galaxy Aviation Inc. (Part 145 Repair Station # 5GXR127C)

6215 Kirby Lane

Frisco, TX 75035

Tel: (469) 766-0420

Fax: (866) 694-1989

Email: bryan.archer@GalaxyMRO.com

cc: Trent Lewis 

 PondMedics Incorporated

 trent@pondmedics.com
Original 07/16/2015 Page 3

 

TABLE OF CONTENTS

NAME, ADDRESS CONTACT INFORMATION OF PETITIONER .......................Page 4

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH PONDMEDICS

SEEKS EXEMPTION...................................................................................................Page 4

THE EXTENT OF RELIEF PONDMEDICS SEEKS AND THE REASONS

PONDMEDICS SEEKS THE RELIEF ................................................................. Pages 4 to 6

THE REASONS WHY GRANTING PONDMEDICS’ REQUEST WOULD

BE IN THE PUBLIC INTEREST .............................................................................. Page 7

THE REASONS WHY GRANTING PONDMEDICS THE EXEMPTION WOULD 

NOT ADVERSELY AFFECT SAFETY ........................................................................ Page 8

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER............... Page 9

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS 

AVAILABLE TO SUPPORT PONDMEDICS’ REQUEST................................. Page 10 

ACRONYMS........................................................................ Pages 11 & 12
Original 07/16/2015 Page 4

NAME, ADDRESS AND CONTACT INFORMATION OF PETITIONER 

Trent Lewis, FPC

Senior Consultant

PondMedics Incorporated

1251 Legacy Drive 

Prosper, Texas 75078 

Tel : 972.905.4761

trent@pondmedics.com

cc: bryan.archer@galaxymro.com

THE SPECIFIC SECTIONS OF 14 CFR TO BE RELIEVED FROM 

14 CFR 61.113, 

14 CFR 91.7, 91.119, 91.121, 91.151

14 CFR 91 Subpart E (91.405, 91.407, 91.409, 91.417)

THE EXTENT OF RELIEF PONDMEDICS SEEKS AND THE REASONS POND 

MEDICS SEEKS THE RELIEF 

14 CFR 61.113 Private pilot privileges and limitations: 

Part 61.113 provides that no person that holds a private pilot certificate may act as pilot 

in command of an aircraft for compensation or hire. Subparagraph (b) allows a private 

pilot to act as pilot in command of an aircraft in connection with any business or 

employment if;

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

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

Since the aircraft cannot carry passengers or property, we request to be relieved from 

this regulation if our pilots, at minimum, 

(1) Hold at least a current sport pilot certificate and,

(2) Hold a driver license or a third class medical certificate.

By meeting conditions (1) and (2), we believe that equivalent level of safety can be 

achieved by complying with 61.113 Subparagraph (b) even though the intent of this 

application is to conduct a business.

14 CFR 91.7 Civil Aircraft Airworthiness.

14CFR 91.7 (a) states,

“No person may operate a civil aircraft unless it is in an airworthy condition.”

This rule prohibits the operation of an aircraft without an airworthiness certificate. 

Since there is no such existing certificate that is applicable for the Unmanned Aircrafts 

UAS to properly comply with the FARs, we request that PondMedics to be relieved 
Original 07/16/2015 Page 5

from this regulation.

To provide equivalent level of safety, we will ensure that the Unmanned Aircrafts

UAS is in airworthy condition prior to every flight by following necessary safety 

procedures. 

14 CFR 91.119 Minimum safe altitudes: General 

This regulation provides that over sparsely populated areas the aircraft cannot be 

operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the 

aircraft will be operating at a maximum of 400 feet AGL, we cannot comply with this 

requirement.

To provide an equivalent level of safety we will only fly over private property with the 

permission of the land owner. The land owner will be briefed of the expected route of 

flight and the associated risks to persons and property on the ground. We maintain that 

due to the small size of the Unmanned Aircrafts, the hazard to persons, vessels, 

vehicles, and structures is not comparable to manned aircraft and should be 

considered in granting the exemption. 

14 CFR 91.121 Altimeter Settings 

This regulation provides that aircraft shall maintain cruising altitudes by reference to an 

altimeter setting available within 100 nautical miles of the aircraft.

The Unmanned Aircrafts aircraft will fly below 400 feet AGL and will not need to 

maintain hemispherical cruising altitudes in order to de-conflict with other aircraft.

 

To provide an equivalent level of safety, the PIC will check and confirm the Unmanned 

Aircrafts’ GPS altitude read out before each flight.

14 CFR 91.151 Fuel requirements for flight in VFR conditions. 

The regulation provides that no person may begin a flight in an airplane under dayVFR conditions unless there is enough fuel to fly to the first point of intended landing 

and to fly after that for at least 30 minutes. We believe the intention of this rule is to 

provide a reserve of energy as a safety buffer for go-arounds and other delays to 

landing.

The Unmanned Aircrafts UAS is battery operated and the maximum duration of flight 

with full payload, from a single battery charge is approximately 90 minutes for E384, 

and 25 minutes for Iris+.

We believe that equivalent level of safety can be achieved by limiting our flight time to 

appropriate percentage of battery charge with 10 % reserve energy on the battery.
Original 07/16/2015 Page 6

14 CFR 91 Subpart E ( 91.405, 91.407, 91.409, 91.417 )

Maintenance, Preventive Maintenance, and Alterations

The regulation provides that the operator is primarily responsible for maintaining the 

aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 

91.407 and 91.409 require that the aircraft be " approved for return to service by a 

person authorized under 43.7 " after maintenance and inspection. It is our intention 

that the PIC, VO or authorized personnel to perform maintenance and inspection of the 

aircraft and "be authorized to approve the aircraft for return to service."

Pond Medics requests that exemptions to the regulations under conditions below;

(1) PondMedics will follow Unmanned Aircrafts’ manufacturer maintenance instructions, 

techniques and procedures.

(2) PondMedics will designate, train, and document the personnel who will be 

authorized to perform Inspection, Maintenance and Alterations.

Such designated personnel may include PIC, VO or other equivalent trained persons 

(3) To ensure equivalent level of safety, PIC will inspect the UA before each flight 

looking for any structural or mechanical malfunctions.

Due to the small size, light weight and simplicity of the Unmanned Aircrafts UAS, we 

believe that the equivalent safety will be achieved by permitting any of the PIC, VO or 

equivalent trained personnel, to perform maintenance, inspection and alterations of the 

aircraft and " be authorized to approve the aircraft for return to service. "
Original 07/16/2015 Page 7

THE REASONS WHY GRANTING PONDMEDICS’ REQUEST WOULD BE IN THE 

PUBLIC INTEREST

We believe that granting our exemption request from,

14 CFR 61.113, 61.133

14 CFR 91.9, 91.119, 91.121, 91.151

14 CFR 91 Subpart E (91.405, 91.407, 91.409, 91.417), is in the public’s interest and 

will benefit the public as a whole for the following reasons.

1- Unmanned Aircrafts is battery operated and free from the harmful emissions 

associated with the manned aircraft that are currently used for aerial data 

collection.

As recently proven by several grants of section 333 petitions, UASs offer 

equivalent level of safety while reducing environmental impacts, which is in the 

public interest.

2- PondMedics’ UAS operations will contribute to a positive aggregate economic 

impact resulting in creation of jobs both direct and indirectly. Economic 

Research estimates that the UAS market will grow from $ 6 billion to $ 94 billion 

over the next decade resulting in a new workforce development. 

Because PondMedics’ operations will create new jobs such as pilots, flight 

operation staff, and administrative supporting staff, it will directly cause positive 

economic impact, hence granting PondMedics’ petition will benefit the public as 

a whole.

3- Congress has already proclaimed that it is in the public’s interest to integrate

Commercially flown UAS(s) into the national airspace system, hence the passing 

of the FAA Modernization and Reform Act of 2012. 

Granting PondMedics’ petition furthers the public’s interest as a demonstrated 

progression of integrating Unmanned Aircraft Systems into National Air Space, 

thus it will benefit public as a whole. 
Original 07/16/2015 Page 8

THE REASONS WHY GRANTING PONDMEDICS THE EXEMPTION WOULD 

NOT ADVERSELY AFFECT SAFETY

Pond Medics believes that the grant of exemption from, 

14 CFR 61.113, 

14 CFR 91.7, 91.119, 91.121, 91.151

14 CFR 91 Subpart E (91.405, 91.407, 91.409, 91.417),

will not adversely affect safety by a combination of the reasons listed below.

(a) We have stated in the above section “ THE EXTENT OF RELIEF 

PONDMEDICS SEEKS AND THE REASONS POND MEDICS SEEKS THE 

RELIEF ” by describing how we intend to mitigate risk and accomplish FAA 

equivalent and acceptable level of safety for each 14 CFR subparts.

 

(b) As a result of unmanned aircrafts’ size, weight, speed, operational capability, 

proximity to airports and populated areas, operation within visual line of sight

combined with the implementing FAA required safety procedures, we believe 

that granting PondMedics’ exemption request will not adversely affect safety.

(c) PondMedics’ unmanned aircrafts have demonstrated to satisfy necessary safety 

risk mitigation by FAA thus resulting in multiple grants of section 333 petitions.

Because of the combination of Unmanned Aircrafts’ proven success and the 

conditions and limitations of our operations, we believe granting PondMedics’ 

request will not adversely safety. 

.
Original 07/16/2015 Page 9

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER

Department of Transportation

Federal Aviation Administration

Petitioner: Pondmedics Incorporated

Petition of exemption from sections of ;

14 CFR 61.113, 

14 CFR 91.7, 91.119, 91.121, 91.151

14 CFR 91 Subpart E (91.405, 91.407, 91.409, 91.417)

Description of relief sought;

PondMedics seeks an exemption from aforementioned parts of 14 CFR, for commercial

operations of the Unmanned Aircrafts described above. 

The unmanned aircraft systems have an onboard camera system capable of acquiring 

high resolution data.

Proposed operations will offer aerial data collection and surveying services for

appropriate commercial industries.
Original 07/16/2015 Page 10

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO 

SUPPORT POND MEDICS’ REQUEST

Positive Economic & Environmental Impacts

PondMedics’ UAS operations will contribute to a positive aggregate economic 

impact resulting in creation of jobs both direct and indirectly. Economic Research 

estimates that the UAS market will grow from $6 billion to $ 94 billion over the next 

decade resulting in a new workforce development. 

Because PondMedics’ UASs utilize electrical propulsion and batteries, it has less 

environmental impact compared to manned aircrafts performing similar missions.

No Privacy Issues

PondMedics’ proposed operations will create no privacy issues because the Unmanned 

Aircrafts UAS will be operating in the areas within the boundaries of the properties with 

the land owner’s permission. 

When necessary, PondMedics will also obtain any permits or authorizations from local 

authorities.
Original 07/16/2015 Page 11

ACRONYMS

AGL Above Ground Level

ALoS Acceptable Level of Safety

AMOC Alternative Method of Compliance

ASI Aviation Safety Inspector

ATC Air Traffic Control

ATS Air Traffic Service

AVS Aviation Safety

CFR Code of Federal Regulations

COA Certificate of Waiver or Authorization

CRM Crew Resource Management

CS Control Station

CRS Certified Repair Station

DCP Divert/Contingency Point

DHS Department of Homeland Security

DME Distance Measuring Equipment

DOD Department of Defense

DSA Detect, Sense, and Avoid System

FAA Federal Aviation Administration

FCC Federal Communications Commission

FARs Federal Aviation Regulations

FIR Flight Information Region

FL Flight Level

FSIMS Flight Standards Information Management 

System

FTP Flight Termination Point

FTS Flight Termination System

GHz Gigahertz

GCS Ground Control Station

MHz Megahertz

MTOW Maximum Takeoff Weight

NAS National Airspace System

NM Nautical Mile

NOTAM Notice To Airman 

OPA Optionally Piloted Aircraft

PIC Pilot in Command

PondMedics PondMedics Incorporated

UAS Unmanned Aircraft System

UA Unmanned Aircraft(s)

R&D Research and Development

RF Radio Frequency

RM Risk Management
Original 07/16/2015 Page 12

RNAV Area Navigation

RTB Return to Base

RVSM Reduced Vertical Separation Minimum

TAS Traffic Advisory Systems

TC Type Certificate

UA Unmanned Aircraft

UAS Unmanned Aircraft System(s)

UAV Unmanned Aerial Vehicle

VFR Visual Flight Rules

VMC Visual Meteorological Conditions

VO Visual Observer