August 13th, 2015

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave, SE 

Washington, DC 20590 

Re: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations 

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 CFR 

Part 11, Accu Wing LLC (“Accu Wing”) hereby applies for an exemption from the listed Federal Aviation 

Regulations ("FARs") to allow commercial operation of its UASs, so long as such operations are 

conducted within and under the conditions outlined herein or as may be established by the FAA as 

required by Section 333. 

The requested exemption would support an application for a Certificate of Authorization (“COA”) and 

permit the operation of small, unmanned UASs under controlled conditions in airspace for public and 

commercial aerial data collection purposes including (but not limited to): 

 Inspection of tower structures such as wind turbines, flare stacks, cell phone towers, antenna 

towers, and other tall structures

 Infrastructure inspection, including power lines, pipelines, substations, bridges, and other 

structures

 Survey, including mining, railroad, and agriculture

 Precision agriculture

 Aerial photography, including real estate, building, and event photography

 Precision photogrammetry and mapping

Aircraft to be flown during these operations would be as follows (please see the Appendices and 

attachments for various Manuals):

 Precision Hawk Lancaster Mk. III

 DJI Phantom 3 Professional

 DJI S1000

 Microdrones MD4-1000

 Quantum Systems Geo-X8000

We believe that through the combination of the UASs lightweight, historically demonstrated flight 

performance, on board GPS system, fully qualified flight personnel, and strict operation under the 

guidelines established, the FAA can have confidence that Accu Wing’s operation will have an equivalent 

or greater level of safety when compared to manned aircraft performing the same missions. 

Accu Wing agrees to be bound by the limitations listed in the proposed exemption. These limitations 

provide for an exceptional level of safety to operations. These limitations and conditions to which Accu 
Wing agrees to be bound when conducting commercial operations under an FAA issued exemption 

include: 

1. The UAS will weigh less than 55 lbs. 

2. Flights will be operated during daylight hours, in visual meteorological conditions, and within visual

line of sight (VLOS) of the operator. 

3. Flight operations will be conducted such that the UAS maintains the greater of enough reserve power 

for five minutes of flight or the reserve power recommended by the manufacturer.

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

5. UAS operator will be trained and certified in the proper safety and operations of the UAS. 

6. Proper preflight inspections will take place before each flight.

7. The UA will remain clear and give way to all manned aviation operations and activities at all times.

8. The UAS will be operated in accordance with the procedures outlined in the appended and attached 

Manuals.

The name and contact information of the applicant are: 

Accu Wing LLC

2600 E Southlake Blvd

120-281 STE

Southlake, TX 76092-6634

Lance Wilkerson

lance@accuwing.com

Please see Appendix A for details on how an equivalent level of safety will be maintained for each 

regulation for which exemption is being sought. Exemption is requested from the following regulations: 

14 CFR Part 21

14 CFR 61.113(a) & (b)

14 CFR 91.7(a)

14 CFR 91.9(b)(2)

14 CFR 91.109

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151(a)

14 CFR 91.203(a) & (b)

14 CFR 91.405(a)

14 CFR 407(a)(1)

14 CFR 409(a)(1) & (2)

14 CFR 417(a) & (b)

Pursuant to 14 CFR Part 11, the following summary is provided for publication in the Federal Register, 

should it be determined that publication is needed:

“Accu Wing LLC seeks an exemption from the following rules: 14 CFR Part 21 subpart H, 14 CFR sections 

61.113(a) & (b), 91.7(a), 91.9(b)(2), 91.109, 91.119, 91.121, 91.151(a), 91.203(a) & (b), 91.405(a), 
407(a)(1), 409(a)(1) & (2), and 417(a) & (b) to operate commercially a small unmanned vehicle (55lbs or 

less) for the purpose of aerial data collection.”

Approval of exemptions allowing commercial operations of sUASs for these applications will enhance 

safety by reducing risk. Conventional means for performing these activities require extreme risk to 

personnel physically climbing structures or using low flying helicopters. In contrast, a UAS weighing less 

than 55 lbs and powered by batteries elinates virtually all of that risk. The UAS will carry no passengers 

or crew and, therefore, will not expose personnel to any of the risks described above.

The operation of small UASs, weighing less than 55 lbs, conducted in the strict conditions outlined 

above, will provide a level of safety supporting the grant of the exemptions requested herein, including 

exempting the applicant from the requirements of Part 21 and allowing commercial operations. These 

lightweight aircraft operate at slow speeds, close to the ground, and in a controlled environment.

As previously stated by the FAA, this operation is in the public interest because of the “enhanced safety 

achieved using an unmanned aircraft (UA) with the specifications described...and carrying no passengers 

or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to 

flammable fuel.”

Accordingly, the applicant respectfully requests that the FAA grant the requested exemption and is

prepared to modify or amend any part of this request to satisfy the need for an equivalent level of 

safety. We look forward to working with your office. Please contact us at any time if additional 

information or clarifications are needed.

Sincerely, 

Lance Wilkerson

Accu Wing LLC

Appendices: 

A. Exemption Request and Equivalent Level of Safety 

B. Hawkeye Mk III Lancaster User Manual (confidential)

C. DJI Phantom 3 Professional User Manual (confidential)

D. DJI S1000 User Manual (confidential)

E. Microdrones MD4-1000 User Manual (confidential)

F. Quantum Systems Geo-X8000 User Manual (confidential)
Appendix A

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Accu Wing LLC requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of its UASs. 

14 CFR Part 21, Subpart H: Airworthiness Certificates 

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 with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets 

the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The 

Federal Aviation Act (49 U.S.C. §44701(f)) and Section 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 

UAS. 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 UAS to be operated hereunder is less than 55 lbs fully loaded, carries neither a pilot nor passenger, 

carries no explosive materials or flammable liquid fuels, and operates exclusively within a controlled 

area as set out in the Procedures. Unlike other civil aircraft, operations under this exemption will be 

tightly controlled and monitored by the operator. Lastly, application of these same criteria 

demonstrates that there is no credible threat to national security posed by the UAS, due to its size, 

speed of operation, location of operation, and lack of explosive materials or flammable liquid fuels. 

14 CFR 61.113(a) & (b): Private vs. Commercial Pilot Certificates

These regulations limit private pilots to non-commercial operations.

Because the UAS will not carry a pilot or passengers; due to the UAS’s size, weight, speed, and 

operational capabilities; and since operations will occur in tightly controlled and limited airspace, the 

proposed operations can achieve the equivalent level of safety of current operations that require a 

commercial pilot’s license while still benefiting the public good.

14 CFR §91.7(a): Civil aircraft airworthiness

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

As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no 

FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the 

requirements contained in the Manuals for maintenance and use of safety check lists prior to each 

flight, an equivalent level of safety will be provided. 

14 CFR § 91.9(b) (2): Civil Aircraft Flight Manual in the Aircraft

Section 91.9(b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) for which an 

Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in 
the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, 

markings, and placards, or any combination thereof. 

The UAS, given its size and configuration has no ability or place to carry such a flight manual on the 

aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry 

such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight 

manual at the ground control point where the operator flying the UAS will have immediate access to it. 

The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 

9299A, 9565, 95658, 10167, 10167A, 10602, 32827, and 10700.

14 CFR §91.109: Flight instruction

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that 

is being used for flight instruction unless that aircraft has fully functioning dual controls. 

UASs 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 Exemption 

Nos.5778K & 9862A. The equivalent level of safety will be provided by the fact that neither a pilot nor 

passengers will be carried in the aircraft and by the size and speed of the aircraft.

14 CFR §91.119: Minimum safe altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. 

As this exemption is for a UAS and the exemption requests authority to operate at altitudes below 400 

feet AGL, an exemption may be needed to allow such operations. The equivalent level of safety will be 

achieved given the size, weight, and speed of the UAS, as well as the location where it is operated. In 

addition, the low-altitude operations of the UAS will ensure separation between these small-UAS 

operations and the operations of conventional aircraft that must comply with Section 91.119. 

14 CFR §91.121: Altimeter Settings 

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

an altimeter that is set "... to the elevation of the departure airport or an appropriate altimeter setting 

available before departure." 

As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may 

be needed. An equivalent level of safety will be achieved by the operator, pursuant to the Manuals and 

Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before 

flight. 

14 CFR § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

Section 91.151(a) prohibits an individual from beginning "a flight in an airplane under VFR conditions 

unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of 

intended landing, and, assuming normal cruising speed - (1) During the day, to fly after that for at least 

30 minutes; or (2) At night, to fly after that for at least 45 minutes." 

Given the limited battery power available to the UAS and the limitations of the proposed flight area(s), 

maintaining 30 minutes of reserve flight capability is not practical for the intended operations. Instead, 
applicant proposes that conditions similar to those granted in prior exemptions be imposed, i.e. 

operating such that the UA has at least five minutes of remaining flight time or the manufacturer’s 

recommended reserve power level, whichever is greater. Applicant believes that an exemption from 14 

CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed 

Martin Corporation to operate without compliance with FAR 91.151(a)). This restriction would be more

than adequate to return the UAS 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, and 10808. 

14 CFR §91.203(a) and (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 UAS fully loaded weighs no more than 55 lbs and is operated without an on board pilot. As such, 

there is no ability or place to carry certification and registration documents or to display them on the 

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

point where the operator flying the UAS will have immediate access to them, to the extent they are 

applicable to the UAS. The FAA has issued numerous exemptions to this regulation. A representative 

sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 

10700. 

14 CFR §91.405(a); 407(a)(1); 409(a)(1) & (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 Manuals. 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 controlled areas for limited periods of time. If 

mechanical issues arise the UAS can land immediately. 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.
Appendix B

Precision Hawk Lancaster Mk III User Manual (see confidential 

attachment “PCN-04E-AWI Rev A – LM3R4 User Manual”)

Appendix C

DJI Phantom 3 Professional User Manual (This file is too large to 

submit through regulations.gov. Please see the copy of the Manual 

publicly available at http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professiona

l_User_Manual_v1.2_en.pdf [parent webpage is 

http://www.dji.com/product/phantom-3/download]. This file can 

also be emailed upon request.)

Appendix D

DJI S1000 User Manual (see confidential attachment 

“S1000_User_Manual_v1.0_en”)

Appendix E

Microdrones MD4-1000 User Manual (see confidential attachment 

“Operators-Handbook-md4-1000_EN”)

Appendix F

Quantum Systems Geo-X8000 User Manual (see confidential 

attachment “Manual X-8000 2.20 V10”)