June 8, 2015

Exemption No. 11778

Regulatory Docket No. FAA–2015–0591

Mr. Jacob Rachniowski

Managing Partner

Cloud9Drones LLC

2606 Wilson Street 802

Austin, TX 78704

Dear Mr. Rachniowski:

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 March 5, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Cloud9Drones LLC (hereinafter petitioner or operator) for an exemption. The 

exemption would allow the petitioner to operate an unmanned aircraft system (UAS) to 

conduct aerial inspections of towers/tall structures for multiple industries, and videography

for film and marketing.

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 are the Gryphon Dynamics X8 (Cloud9Drones-BD

Butterfly Dragon), DJI‐S1000+, DJI Inspire 1, and a 3DRobotics Iris+
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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 collection. 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, Cloud9Drones 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.

Conditions and Limitations

In this grant of exemption, Cloud9Drones LLC is hereafter referred to as the operator.
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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 Gryphon 

Dynamics X8 (C9D-BD Butterfly Dragon), DJI‐S1000+, DJI Inspire 1, and a 

3DRobotics Iris+ 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. 

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 
4

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 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 
5

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 5 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 

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

be as large as practicable.
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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.

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

as documented in this grant of exemption.
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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.

This exemption terminates on June 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service
Cloud9Drones.com																																																																				 1 CONFIDENTIAL

March 05,	2015

U.S.	Department	of	Transportation

Docket	Management	Facility

West	Building	Ground	Floor

Room	W12-140

1200	New	Jersey	Avenue,	S.E.

Washington,	D.C.	20590

Re:	Cloud9Drones	Exemption	Request	- Section	333	of	the	FAA	Reform	Act	and	Part	11	of	the	

Federal	Aviation	Regulations	from	14	C.F.R.	§91.405	(a);	407	(a)	(1);	409	(a)	(1)(2);	417(a)	&	(b);	

14	C.F.R.	§91.119	(c);	14	C.F.R.	§91.121;	14	C.F.R.	§	91.151(a)

Dear	Madam/Sir,

As	per	Section	333	of the	FAA	Modernization	and	Reform	Act	of	2012	(the	Reform	Act)	and	14	

C.F.R.	Part	11,	Cloud9Drones	(“C9D”,	or	“petitioner”	hereafter),	developer	and	operator	of	

Small	Unmanned	Aircraft	Systems	(“sUAS’”)	equipped	to	conduct	aerial	inspections	of	

towers/tall structures	for	multiple	industries,	and	videography	for	film	and	marketing, hereby	

applies	for	an	exemption	from	the	listed	Federal	Aviation	Regulations	(“FARs”)	to	allow	

commercial	operation	of	its	sUAS’,	so	long	as	such	operations	are	conducted	within	and	under	

the	conditions	outlined	in	this	exemption	request,	the	supporting	documents,	or	as	may	be	

established	by	the	FAA	as	required	by	Section	333.

The information	submitted	will	assist	the	FAA	in	determining	whether	to	grant	relief	from	its	

regulations,	will	assist	the	Secretary	of	Transportation	with	determining	whether	to	grant	relief	

from	airworthiness	certification	requirements	under	the	FAA	Modernization	and	Reform	Act	of	

2012,	and	describe	why	this	exemption	is	in	the	public	interest. These	documents	will	help	in	

determining	that	the	sUAS’ do	not	create	a	hazard	to	users	of	the	NAS	or	the	public	or	pose	a	

threat	to	national	security	in	light	of	the	following:	

• The	UAS’s	size,	weight,	speed,	and	operational	capability;	

• Operation	of	the	UAS	in	a	controlled,	predetermined	and	limited	area

• Operation	of	the	UAS	in	close	proximity	to	airports	and	populated	areas;	and	

• Operation	of	the	UAS	within	visual	line	of	sight	of	the	operator.
Cloud9Drones.com																																																																				 2 CONFIDENTIAL

In	this	request	for	exemption	we	describe	more	fully	our	request	for	exemption	in	4 sections	

with	the	support	of	multiple	additional	documents.	The	sections	are:

1)	The	Unmanned	Aircraft	System	(UAS)

2)	The	UAS	Pilot	in	Command	(PIC)

3)	UAS	Operating	Parameters

4)	Intended	Operations	and	Public	Interest

Supporting	confidential	documents	to	this	exemption	request	include:

1)	C9D	Operating Manual	

2)	C9D	Operator Qualifications	and	Training	Manual

3)	C9D	Intended	Operations and	Public	Interest

4)	Maintenance	and	Inspection	Manual	

6)	Logbooks

7)	UAS	User Manuals

8)	Insurance Documentation

Regulations	from	which	the	exemption	is	requested	are:	

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

14	C.F.R.	§91.119	(c)

14	C.F.R.	§91.121

14	C.F.R.	§	91.151(a)

The	requested	exemption	would	permit	the	operation	of	small,	unmanned,	and	inexpensive	

sUAS’ under	controlled conditions	in	airspace	that	is	limited,	predetermined,	access	controlled	

and	would	provide	safety	enhancements	to	the	existing	methods	of	inspection	and	aerial	

videography	which	endanger	human	lives.	Approval	of	this	exemption	would	thereby	enhance	

safety	and	fulfill	the	Secretary	of	Transportation’s	(the	FAA	Administrator’s)	responsibilities	to	

“...establish	requirements	for	the	safe	operation	of	such	aircraft	systems	in	the	national	

airspace	system.”	Section	333(c)	of	the	Reform	Act.	

The	name	and	address	of	the	applicant	is:	

Cloud9Drones LLC

Attn:	 Jacob	Rachniowski	 - Managing	Partner

Ph:		512-567-7351	

Email:	 Jacob@cloud9drones.com	

Address: 2606	Wilson	St.	802,	Austin,	TX,	

78704

Taylor	Davis

Ph:		405-406-7730

Email:	 Taylor@cloud9drones.com	

Email:	 Jacob@cloud9drones.com	
Cloud9Drones.com																																																																				 3 CONFIDENTIAL

The	Unmanned	Aircraft	System	(UAS)

C9D’s sUAS’ are	multi-rotor	aircraft,	weighing	55	or	fewer	lbs.	including	payload.	They	operate,	

under	normal	conditions	at	a	speed	of	no	more	than	50	knots,	have	the	capability	to	hover,	

move	in	the	vertical and	horizontal	plane	simultaneously,	have	the	capability	to	return	to	a	predefined	home	destination	in	case	of	communication	link	or	GPS	loss,	and	have	the	capability	to	

abort	flight	incase	of	an	emergency. Maximum	flight	time will	be	30	minutes or	25%	battery	

power,	whichever	comes	first.	

C9D	intends	to operate	the	following	aircraft:

1. C9D-BD	(Butterfly	Dragon) – custom	UAS

2. DJI-S1000+

3. DJI	Inspire 1

4. 3DR	Iris+

Details	on	the	aircraft	specifications	and	associated	manuals	are	included	in	the	additional	

documentation.	C9D	includes	custom	and	manufacturer	manuals	for	all	the	UAS’	listed.	C9D	

custom	manuals	and	procedures	will	be	applied	to	off-the-shelf	UAS’	where	applicable.

C9D will	file	a	FAA	Form	7711-1,	or	its	equivalent,	as	modified	in	light	of	the	requested	

exemption,	with	the	appropriate	Flight	Standards	District	Office.

The	UAS	PIC

The	UAS	PIC	will	be	an	FAA	licensed	airman	with	a	commercial pilot’s	certificate	and	third	class	

medical,	in	addition	to	completing	UAS	specific	training.	The	pilot	and	observer	must	have	the	

minimum	UAS	operating	requirements	and	training	as	specified	in	the	“C9D	Operating	

Qualifications	and	Training	Manual.”	

UAS	Operating	Parameters

The	aircraft	will	operate	only	in	line	of	sight with	an	observer,	located	over	5 nautical	miles	

from	Class	B,	C	and	D,	at	an	altitude	of	no	more	than	500	feet.	Details	of	the	aircraft	operation	

parameters	are	described	in	the	‘C9D	Operating	Manual.’	

The	aircraft will	operate	only	within	a controlled area,	with	the	written	consent	of	all	persons	

and	jurisdictions	involved, as	described	in	the	‘Intended	Operations	and	Public	Interest	
Cloud9Drones.com																																																																				 4 CONFIDENTIAL

Manual,’	and	the	‘C9D	Operating	Manual’. This	document	will	show	that	such	operations	will	

“not	create	a	hazard	to	users	of	the	national	airspace	system	or	the	public.”

Intended	Operations	and	Public	Interest

C9D’s	intended	operations	are	for	inspecting	tall	structures	or	towers	that	are	currently	

inspected	using	more	dangerous	methods,	such	as	manned	aircraft in	dangerous	proximity	to	

the	structures	under	inspection,	or	using	climbers. C9D	also	intends	to	provide	aerial	

videography	for	the	film	and	marketing	industries,	which	currently	employ	dangerous low	flying	

manned	helicopters	close	to	participating	subjects. These commercial	UAS	applications	will	

therefore	result	in	a	significant	enhancement	of	safety,	by	reducing	the	risks	associated	with	

current	inspection	and	aerial	videography	methods. Additional	details	are	specified	in	the	

‘Intended	Operations	and	Public	Interest’	manual.
Cloud9Drones.com																																																																				 5 CONFIDENTIAL

Exemption	Requests	

C9D	includes	the	FAA	commentary	on	Astraeus	Aerial’s	granted	exemption	and	the	associated	

rules from	which	we	will	and	will	not	seek	exemption	from.	Exemption	is	sought	from	rules that

the	FAA	has	granted	for	similar	operations. Exemptions	from	other	petitioners	that	have	been	

deemed	by	the	FAA	as	“Not	necessary”	have	been	included	to	demonstrate	C9D’s	

understanding	of	all	the	safety	considerations.

Information	below	has	been	copied	from	the	Astraeus	Aerial	Exemption	No.	11062	Grant	of	

Exemption	Document.	(Regulatory	Docket	No.	FAA-2014-0352)

Relief	sought	by	petitioner	(14	CFR)	 FAA	determination	(14	CFR)	

Part	21	 Not	necessary	

45.23(b)	 Not	necessary	

61.113(a)	and	(b)	 Granted	with	conditions	and	limitations	

91.7(a)	 Not	necessary	

91.9(b)(2)	 Not	necessary	

91.103	 Not	necessary	with	conditions	and	limitations	

91.109	 Not	necessary	

91.119	 Paragraph	(c)	granted	with	conditions	and	limitations	

91.121	 Granted	with	conditions	and	limitations	

91.151(a)	 91.151(a)(1),	day,	granted	with	conditions	and	

limitations;	91.151(a)(2),	night,	denied	

91.203(a)	and	(b)	 Not	necessary	

91.405(a)	 Granted	with	conditions	and	limitations	

91.407(a)(1)	 Granted	with	conditions	and	limitations

91.409(a)(2)	 Granted	with	conditions	and	limitations;	relief	from	

91.409(a)(1)	also	granted	with	conditions	and	

limitations	

91.417(a)	and	(b)	 Granted	with	conditions	and	limitations	
Cloud9Drones.com																																																																				 6 CONFIDENTIAL

Aircraft

No	Exemption	Necessary:

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

Based on the limited size, weight, operating conditions, design safety features, and the imposed 

conditions and limitations, C9D has demonstrated that its operations would not adversely affect 

safety compared to similar operations conducted with aircraft that have been issued an airworthiness 

certificate under 14 CFR part 21, Subpart H. Therefore, as the FAA found for Astraeus Aerial, the 

requested relief from 14 CFR part 21, and any associated noise certification and testing requirements 

of part 36, is not necessary.

No	Exemption	Necessary:

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

Since	C9D’s UAS	will	not	be	certificated	under	14	CFR	§	21.191,	a	grant	of	exemption	for	14	CFR	

§	45.23(b)	is	not	necessary,	as	the	FAA	commented	in	the	grant	for	exemption	for	Astraeus	

Aerial.

C9D’s UAS’ will 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	will be	as	large	as	practicable.

Exemption	Requested From:

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

These	regulations	require	that	C9D	”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.	

Maintenance,	inspections,	repairs,	record	keeping	and	technician	requirement	details	are	

documented	in	C9D’s	“Maintenance	and	Inspection	Manual.”	These	specifications are	

necessary	to	ensure	that C9D’s proposed	UAS	operations	will not	adversely	affect	safety	in	the	

NAS	and	of	people	and	property	on	the	ground.
Cloud9Drones.com																																																																				 7 CONFIDENTIAL

Pilot	in	Command

No	Exemption	Necessary:

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

C9D	will	require	that	UAS	pilots	have	a	commercial	pilots	license	and	a	third	class	medical.	In	

addition	to	these	requirements,	the	PIC	will	have	to	complete	UAS	training	as	specified	in	the	

C9D	Operator Qualifications	and	Training	Manual.

Operating	Parameters	of	the	UAS

No	Exemption	Necessary:

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

As	previously	noted,	the	petitioner’s	UAS	will	not	require	an	airworthiness	certificate	in	

accordance	with	14	CFR	part	21,	Subpart	H.	Based	on	the	fact	that	an	airworthiness	certificate	

will	not	be	issued,	exemption	from	§	91.7(a)	is	not	necessary.

In	accordance	with	14	CFR	§	91.7(b),	the	PIC	of	the	UAS	will	ensure the	aircraft	is	in	condition	

for	safe	flight,	according	to	the	pre-flight	checklist	and	other	procedures	specified	in	the	“C9D	

Operating Manual”	and	the	“Maintenance	and	Inspection	Manual.”

No	Exemption	Necessary:

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

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

Based	on	the	FAA	Memorandum	subject	“Interpretation	regarding	whether	certain	required	

documents	may	be	kept	at	an	unmanned	aircraft’s	control	station,”	dated	August	8,	2014,	the	

requested	relief	from	14	CFR	§	91.9(b)(2)	and	91.203(a)	and	(b)	is	not	necessary.

C9D	will	keep	all	pertinent	documents	at	the	ground	control	point	where	the	PIC	is	located	and	

anyone	will	have	immediate	access	to	them if	requested.
Cloud9Drones.com																																																																				 8 CONFIDENTIAL

No	Exemption	Necessary:

14	C.F.R.	§	91.103:	Preflight	action	

Before	beginning	a	flight,	the	PIC	will	take	into	account	all	pre-flight	actions	outlined	in	the	

submitted “C9D	Operating Manual”	and	the	“Intended	Operations	and	Public	Safety”	manual to	

achieve	an	equivalent	level	of	safety.

No	Exemption	Necessary:

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

Section	91.103	provides	that	no	person	may	operate	a	civil	aircraft	that	is	being	used	for	flight	

instruction	unless	that	aircraft	has	fully	functioning	dual	controls.	The	qualifications	of	the	PIC	

will	be	based	on	their	training,	experience	and	testing	with	the	UAS	to	be	operated,	without	

requiring	fully	functioning	dual	controls.	Since	a	dual	set	of	controls	are	not	required,	no	

exemption	is	necessary.

Exemption	Requested	From:

14	C.F.R.	§91.119 (c):	Minimum	safe	altitudes	

§91.119	(c) specifies	that	when	flying	under	an	altitude	of	500ft	in	sparsely	populated	areas	no	

aircraft	can	be operated	within 500	feet	of any	person,	vessel,	vehicle,	or	structure. As	C9D	

operations	intend	to	be	flown	within	500ft	of	participating	personnel	and	structures,	relief	is	

sought	from	this	rule.	As	specified	in	the	supporting	manuals,	an	equivalent	level	of	safety	will	

be	achieved	by	only	performing	operations	within	500	ft	with	the	consent	of	all	participating	

and	non-participating	persons. Additionally,	for	any	operations	under	500	ft	from	nonparticipating	persons	or	structures,	the	PIC	must	ensure	that	such	operations	will	be	safe,	all	

non-participating	persons	must	be	under	protective	barriers	or	structures,	and	the	

property/structure	owner	must	grant	permission	for	such	operations.	No	one	will	be	exposed	to	

operations	without	their	pre-obtained	consent.	The	equivalent	level	of	safety	will	also	be	

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

No	flight	will	be	taken	without	the	permission	of	the	property	owner	or	local	officials.	

Exemptions	from	§91.119	(a)(b)(d)	are	not	necessary	as	per	the	FAA’s	Astraeus	Exemption	

commentary.	
Cloud9Drones.com																																																																				 9 CONFIDENTIAL

Exemption	Requested	From:

14	C.F.R.	§91.121	Altimeter	Settings	

An	equivalent	level	of	safety	will	be	achieved	by	flying	at low	altitudes,	VLOS	with	altitude	

information	provided	by	a	digitally	transmitted	GPS	altitude	readout	on	an on-screen	display.

Prior	to	each	flight,	the	UAS	PIC	will	confirm	zero	altitude	for	accuracy.

Exemption	Requested	From:

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

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

conditions	unless	(considering	wind	and	forecast	weather	conditions)	there	is	enough	fuel	to	fly	

to	the	first	point	of	intended	landing,	and,	assuming	normal	cruising	speed	– (1)	During	the	day,	

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

An	equivalent	level	of	safety	will	be	met	by	the	operations	specified	in	the	supporting	manuals.	

Specifically,	the	UAS	operations	will	be	conducted	in	a	controlled	environment,	limited	to	a	

500ft radius	around	the	structure	or	point	of	interest,	with	aircraft less	than	55	pounds,	at	

speeds	below	50 Knots,	within	VLOS.	Also,	the	aircraft	flight	will	terminate	after	30	minutes	or	

with	25%	remaining	battery	power	(whichever	occurs	first).	Similar	exemptions	have	been	

granted	for other	operations.
Cloud9Drones.com																																																																				 10 CONFIDENTIAL

Summary	of	Operational	Limitations	and	Conditions

The	following	list	is	a	summary	of	the	limitations	and	conditions	under	which	C9D	agrees	to	be	

bound	by	when	performing	commercial	operations.	Additional	details	are	provided	in	the	

various	supporting	manuals.

1. The	unmanned	aircraft	(UA)	will weigh	less	than	55	pounds	(25	Kg),	including	batteries

and	payload.	Operations	will	be	limited	to	those	specified	in	the	accompanying	manuals.	

Proposed	operations	of	any	other	aircraft	for	any	other	purpose	will	be	requested	with	

an amendment	to the	requested grant.

2. The	UA	will	not	be	flown at	a	ground	speed	exceeding	50 knots.

3. Flights	will be	operated	at	an	altitude	of	no	more	than	400	feet	above	ground	level	

(AGL). Flights	will	be	operated	above	500	ft	for	inspections	of	structures	that	have	FAA	

lighting.	In	these	less	common	operating	situations,	the	UAS	will	not	be	operated	over	

10ft	above	the	height	of	the	FAA	marked	tower,	nor	will	the	UAS	operate	over	a	50ft	

radius	from	the	center	of	the	marked structure.

4. The	UA	will	be	operated	within unaided	visual	line	of	sight	(VLOS)	of	the	PIC	at	all	times	

with	a	visual	observer	(VO)	within	verbal	communication	distance.

5. The	manuals	submitted	and	any	additional	requirements	by	the	FAA	will	be	maintained	

and	available	during	each	flight	and	for	any	administrative	requests. For	any	revisions	of	

the	manuals,	C9D	will	track	and	present	updated	and	revised	documents	to	the	FAA.	

6. Prior	to	each	flight	the	PIC	will inspect	the	UAS	to	ensure	it	is	in	a	safe	operational	

condition.	If	any inspection	results	are	negative, the	UAS will	not	operate until	the	

required maintenance	will	be	performed.	Inspection	will	include	all	systems	required	for	

safe	flight.	All	maintenance	and	alterations	will be	properly	documented	in	the	aircraft	

records.

7. Significant	maintenance	or	alternations	to	the	UAS	will require	test	flights	in	a	safe,	

controlled,	operating	environment	to	ensure	all	systems	function	safely.	The	

Maintenance	and	Inspection	Manual	will	be	followed	and	the	operations	will	be	

recorded.	

8. C9D	will follow	the	Maintenance	and	Inspection	Manual	as	well	as	the	Manuals	for	each	

subsystem.	

9. The	Pilot	In	Command	(PIC)	must	possess	a	commercial pilot	certificate	and	at	least	a	

current	third-class	medical	certificate.	The	PIC	must	also	complete	the	C9D	Training	
Cloud9Drones.com																																																																				 11 CONFIDENTIAL

program	for	flight	skills	and	familiarity	with	the	C9D UAS	as	specified	in	the	‘C9D	

Operator Qualifications	and	Training	Manual’.	In	summary,	the	UAS	pilot	needs	to have	

completed	and	logged	a	minimum	of	200 flight	cycles and	25	hours	of	total	time	as	a	

UAS	rotorcraft	pilot	and	at	least	ten	hours	logged	as	a	UAS	pilot	with	a	similar	UAS	type	

(single	blade	or	multirotor)	and	3	take	off	and	landings	with	the	specific	type	in the	past	

90	days, and	has	complete	understanding	of	the	applicable	regulations,	UAS	

characteristics,	and	procedures.	The	VO	must	have	also	successfully	completed	the	

qualification	process.	The	completion	of	these	qualifications	will	be	recorded	by	the	

chief	UAS	pilot and	will	be	available	for	administrative	requests.

10. The	UAS	will	not	be	operated	directly	over	any	person	unless	the	PIC	deems	the	action	

safe,	required	and	has	authorized	a	participating	and	consenting	person	to	do	so.	All	

participating	and	non-participating	persons	within	500	ft	must	have	provided	written

consent	to	be	within	that	radius	of	the	drone	operations.	Exceptions may	be	made	if	

persons	within	500ft	are	protected	by	a	structure or	obstruction.	Details	on	these

operating	distances	are	specified	in	the associated	manuals.

11. Regarding	the	distance	from participating	persons,	the	UAS	Operating	Manual	has	safety	

mitigations	for	authorized	and	consenting	personnel.	At	all	times,	those	persons	must	

be	essential	to	the	operations.	

12. If	the	UAS	loses	communications,	the	UA	will return	to	its	home	location,	which	will	

have	been	established	within	a	100ft	radius	of	the	tower	or	a	marked	landing	zone.

13. If	the UAS	must	abort	flight	in	the	event	of	unpredicted	obstacles	or	emergencies	the	

procedures	outlined	in	the	operating	manual	will	be	followed.

14. Each	UAS	operation	must	be	completed	within	30	minutes	flight	time	or	with	25%	

battery	power	remaining,	whichever	occurs	first.

15. C9D	will	obtain	an	Air	Traffic	Organization	(ATO)	issued	Certificate	of	Waiver	or	

Authorization	(COA)	prior	to	conducting	any	operations	under	this	grant	of	exemption.	A	

Notice	to	Airman	(NOTAM)	will	be	filed	at	least	48	hours	prior	to	the	intended	

operation.

16. The	C9D UAS	will	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 will	be	as	large	as	possible	and	the	information	will	also	be	

available	by	the	PIC.

17. C9D	will	document	and	maintain	UAS	maintenance,	alterations,	updates	and	the	total	

time	in	service	of	the	UAS and	batteries	as	specified	in	the	Maintenance	and	Inspection	

Manual.	The	maintenance	and	inspection	will	be	performed	by	a qualified	technician	as	

specified	in	the	manual	and	logs.
Cloud9Drones.com																																																																				 12 CONFIDENTIAL

18. All	operations	will	comply	with	the manufacturer manuals,	AD’s and	update	service	

bulletins.

19. Before	operations,	the	radio	frequency	spectrum	used	for	operation	and	control	will	be	

monitored	to	ensure	that	there	is	no interference.	A	radio	will	also	be	used	to	monitor	

local	air	traffic	stations.

20. C9D	will	submit	a	Plan	of	Activities	to	the	local	FSDO	with	jurisdiction	over	the	area	of	

proposed	operations	48	hours	before	the	activity.	The	plan	of	activities	will	include:

a.	Dates	and	times	for	all	flights;

b.	Name	and	phone	number	of	the	PIC	and	VO	to	be	present	during	the	

operation	of	the	aircraft

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

e.	Name	and	certificate	number	of	UAS	PIC	involved	

f.	A	statement	that	C9D has	obtained	permission	from	property	owners	and/or	

local	officials	for	the	proposed	activity

g.	Signature	of	exemption-holder	or	representative

h.	Description	of	flight	activity	and	the	exact	affected	airspace

21. All	manuals,	including	the	documents	required	under	14	CFR	§§	91.9	and	91.203	will be	

available	to	the	PIC	at	the	Ground	Control	Station	of	the	UAS	any	time	the	aircraft	is	

operating.	These	documents	will be	available	to	anyone	upon	request.

22. The	UAS	will	give	right	of	way	and	remain	clear	of	all	other	air	traffic	by	landing	

immediately	upon any	audible	or	visual	identification	of	nearby	aircraft.

23. Operations	will	not	be	conducted	at night.	All	operations	will be	conducted	under	visual	

meteorological	conditions	(VMC).	

24. The	UAS	will not	be	operated	by	the	PIC	from	any	moving	device	or	vehicle.	

25. The	UA	will not	be	operated	less	than	500	feet	below	or	less	than	2,000	feet	horizontally	

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

26. The	UA	will not	operate	in	Class	B,	C,	or	D	airspace	or	within	5	nm	of	any	airport	without	

written	approval	from	the	FAA.	

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

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

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

the	National	Transportation	Safety	Board	(NTSB)	per	instructions	contained	on	the	NTSB	

Web	site:	www.ntsb.gov.	Further	flight	operations	will not	be	conducted	until	the	

incident,	accident,	or	transgression	is	reviewed	by	AFS-80 and	authorization	to	resume	

operations	is	provided.	
Cloud9Drones.com																																																																				 13 CONFIDENTIAL

Summary	for	Publication	in	the	Federal	Register

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:	

C9D,	developer	and	operator	of	sUAS’	under	55	pounds, seeks	an	exemption	from	the	following	

rules:

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

14	C.F.R.	§91.119	(c);

14	C.F.R.	§91.121;

14	C.F.R.	§91.151(a);

to	allow	commercial operation	for	the	inspection	of	towers/tall	structures and	for	videography	

for	film	and	marketing	purposes,	so	long	as	such	operations	will	provide	an	equivalent	level	of	

safety	and	will	be conducted	within	and	under	the	conditions	outlined	in	this	exemption	

request,	the	supporting	documents,	or	as	may	be	established	by	the	FAA	as	required	by	Section	

333. The	requested	exemption	would	permit	the	operation	of	small,	unmanned,	and	

inexpensive	sUAS’ under	controlled conditions	that	will	not create	a	hazard	to	users	of	the	NAS	

or	the	public	or	pose	a	threat	to	national	security.	The	controlled	operations	of	small,	slow,	

limited,	low	altitude	UAS,	will provide	safety	enhancements	to	the existing	methods	of	

inspection and	videography,	which	endanger	human	lives.