June 8, 2015

Exemption No. 11778 Regulatory Docket No. FAA

– 20 15

– 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 da ted 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 all ow the petitioner to operate an unmanned ai rcraft system (UAS) to
condu ct 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 des cribing 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 p etitioner

.

Airworthiness Certification

The UAS proposed by the petitioner are the Gryphon Dynamics X8 ( C loud 9D rones

- BD Butterfly Dragon)

, DJI

‐ S1000+

, DJI Inspire 1 , and a 3DR obotics Iris+2

In accordance with the statutory criteria provided in Section 333 of P ublic 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

, C ertification 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 No s

. 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 Lab s , 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 reque sted 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 Deci sion

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 petiti oner 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.3

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
3DR obotics 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 complia nce 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 satisf y 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 ;

e lectronic messaging or texting is not permitted during flight operations. The PIC must be designated before th e 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 accord ance 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 proce dures as outlined in its operating documents. The operator may update or revise its operating documents. It is the4

operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement off icial 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 grant ed this exemption, then the operator must petition for an amendment to its grant of exemption. The FA A’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 t est 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 airma n medical certificate or a valid U.S. driver’s license issued by a state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal
G overnment. The PIC must also meet the flight revi ew 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 exempt ion, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC5

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 (traini ng, 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
traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticip ants, 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 meteorolo gical 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 symbo l 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 vis ibility is less than 3 statute miles from the PIC.

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

pre

- determined location within the pr ivate 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 lea st 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 cond ucted 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.6

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents requi red 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 control led

- 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 op eration that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported
to the FA A'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 a dditional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.7

30. At least 3 days before aerial filming, the operator of the UAS affected by this exempti on must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities
must inclu de 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 th e person responsible for the on

- scene operation of the UAS;
d. Mak e, 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 e xemption terminates on June 30 , 2017 , unless sooner superseded or rescinded.

Sincerely,

/ s/
John S. Duncan Director, Flight Standards Service1 CONFIDENTIAL C loud9Drones.com 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	Ref orm	Act)	and	14

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

Small	U nmanned	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

c ommercial	operation	of	its	sUAS’ ,	so	long	as	such	operations	are	conducted	within	a nd	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	gr ant	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	docume nts	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	con trolled,	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.2 CONFIDENTIAL C loud9Drones.com In	this	request	for	exemption	we	describe	more	fully	our	request	for	e xemption	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 Operat or Qualifications	and	Training	Manual

3) C9D Intended	Operations and	Public	Interest

4 ) Maintenance	and	Inspection	Manual

6) Logbooks

7 ) UAS	User Manuals

8 )	In surance 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	operatio n	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	li ves.	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	syste m.”	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.com3 CONFIDENTIAL C loud9Drones.com 

## 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	t han	50	knots, have	the	capability	to	hover,

move	in	the	vertical and horizontal	plane	simultaneously,	have	the	capability	to	return	to	a	pre

defined	home	destination	in	case	of	communication	link	or	GPS	loss,	and	have	the	capability	to

abort	flight	incase	of	an	emergency. M aximum flight	time will	be	30	minutes or	25%	b attery
power,	whichever	comes	first.

C9D	intends	to operate	the	following	aircraft:

1. C9D

- BD	( Butterfly	Dragon )

– custom UAS

2. DJI

- S 1000 +

3. DJI	Inspire 1

4. 3DR	Iris +
Details	on	the	aircraft	spe cifications	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.



## T he	UAS	PIC

The UAS PIC will	be	an	FAA	licensed	airman	with	a commercial pilot’s	certificate	and	thi rd 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	aircr aft will	operate	only	in	line	of	sight with	an	observer, l ocated	over	5 nautical	miles

from	Class	B,	C	and	D ,	at an	altitude	of	no	more	than	5 00	feet.	Details	of	the	aircraft	operation

parameters	are	d escribed	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	Operat ions	and	Public	Interest4 CONFIDENTIAL C loud9Drones.com Manual,’	and	the	‘C9D	Operating	Manual’

. This	document	will	show	that	s uch operations	will

“not	create	a	hazard	to	users	of	the	national	airspa ce	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	helicopt ers	close	to	participating	subjects. The se 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	i n	the

‘Intended	Operations	and	Public	Interest’	manual.5 CONFIDENTIAL C loud9Drones.com 

## 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	copi ed	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	wit h	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	limitations6 CONFIDENTIAL C loud9Drones.com 

### 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, a nd 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 UA S’ 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):	Maintenan ce	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.”	T hese sp ecifications 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.7 CONFIDENTIAL C loud9Drones.com 

### 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	th e

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	i s	in	condition

for safe	flight,	according	to	the	pr e

- flight	checklist	and	other	proced ures	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,	th e 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	a nd

anyone will	have	immediate	access	to	them if	requested.8 CONFIDENTIAL C loud9Drones.com 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	a n	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	con trols. 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.

Exemptio n	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	f t with	the	consent	of	all	participatin g

and	non

- participating	persons. Additionally,	for	any	operations	under	500	ft	from	non

participating	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	siz e,	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.9 CONFIDENTIAL C loud9Drones.com Exemption	Requested	From:

14	C.F.R.	§91.121	Altimeter	Settings

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

information	provide d	by	a	digitally	transmitt ed	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	spee d

– (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 aircr aft less	than	55	po unds,	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

.10 CONFIDENTIAL C loud9Drones.com 

## 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	p erforming	commercial	operations.	Additional	details	are	provided	in	the

various	supporting	manuals.

1. The	un manned	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	5 00	ft	for	inspections	of	structu res	that	have	FAA

lighting.	In	these	less	common	operating	sit uations,	the	U AS	will	not	be	operated	over

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

radi us	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	manual s	submitted	and	any	additional	requirements	by	the	FAA	will	be	maintained

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

the manual s,	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 inspec tion 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	Insp ection	Manual	will	be	followed	and	the	operations	will	be

recorded.

8. C9 D	will follow	the Maintenance	and	Inspection	Manual	as	well	as	the	Manuals	for	each

subsystem.

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

current	third

- class	medical	certificate.	The	PIC	must	also complete	the	C9 D	Training11 CONFIDENTIAL C loud9Drones.com program	for	flight	skills and	familiarity	with	the	C9D U AS	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	t ime	as	a

UAS	rotorcraft	pilot	and	at	least	ten	hours	logged	as	a	UAS	pilot	with	a	similar	UAS	typ e (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	regulat ions,	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 5 00	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

operat ing	distances	are	specified	in	the associated	manuals.

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

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

be	es sential	to	the operations.

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

have	been	established	wi thin	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	operati on	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	t his	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	i n	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	batt eries	as	specified	in	the Ma intenance	and	Inspection

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

specified	in	the	manual	and	logs.12 CONFIDENTIAL C loud9Drones.com 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

monit ored	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	th e	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	numb er	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	exe mption

- holder	or	representative

h.	Description	of	flight	activity	and	the	exact	affected	airspace

21. All	manuals,	including	t he	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	t he	aircraft	is

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

22. The	UA S	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. O perations 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	ap proval	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.	A ccidents 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.13 CONFIDENTIAL C loud9Drones.com 

## 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	ne eded:

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	m ethods	of

inspection and	video gra p hy ,	which	endanger	human	lives

.