September 6, 2015 

U.S. Department of Transportation

Docket Management Operations 

West Building Ground Floor, Room W12-140

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Exemption Request Pursuant to Section 333 of the FAA Modernization and Reform Act of 

2012 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 FMRA) and 14 

C.F.R. Part 11, Thomas R. Rickert hereby applies for an exemption from the listed Federal 

Aviation Regulations (“FARs”) to allow commercial operation of his Small Unmanned Aircraft 

Systems (“sUASs”) for photographic and remote sensing operations. 

This request is based on the grounds that: (1) the current regulations identified above are not 

practically applicable or create an undue burden upon the operation of the sUASs; (2) the 

operations of the sUASs would be conducted to meet or exceed the safety requirements 

mandated by the FAA; and (3) the operations of the sUASs would be in the public interest. 

The name and address of the applicant is: 

Thomas R. Rickert 

9912 Javelin Way 

Spring Valley, CA 91977 

The regulations from which the exemption is requested are as follows: 14 CFR Part 21, and 14 

C.F.R. §§ 45.23(b), 61.23(a)&(c), 61.101(e)(4), 61.113(a)&(b), 61.315(a), 91.7(a), 91.9(b)(2), 

91.103, 91.109, 91.119, 91.121, 91.151(a), 91.203(a)&(b), 91.405(a), 407(a)(1), 409(a)(2), and 

417(a)&(b). 

I. DESCRIPTION OF OPERATIONS

 The Petitioner, Thomas R. Rickert, is a U.S. Citizen who resides in the State of California 

and is the proposed operator and Pilot In Control (PIC) who would operate the sUASs in 

question. Mr. Rickert holds a Private Pilot’s license and has been a sUASs hobbyist for over 

eight years with over 500 hours of flight time with the UASs in question or similar aircraft 

without any incident. Mr. Rickert also holds a B.S. degree in Aviation Management from 

Southern Illinois University. Mr. Rickert was formerly a sailor enlisted in the United States 

Navy where he worked as an electronics technician on helicopters and as a search and rescue 

swimmer. 

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Mr. Rickert would primarily provide the following commercial services: aerial surveying; event 

photography and videography; real estate photography and videography for advertising and 

marketing purposes; search and rescue; precision game development; photography and 

videography of construction developments for marketing, site survey, and safety inspection 

purposes; videography and photography of oil drilling sites for marketing, site survey, and safety 

inspection purposes; and utility line inspection. 

Mr. Rickert seeks an exemption to operate the R/C Rotors Evolution Hexacopter 1000 (the 

“Evolution”) and DJI Inspire 1 (the “Inspire 1”) (collectively, the “sUASs”) for compensation or 

hire within the NAS. The sUASs that Mr. Rickert will operate will be registered in accordance 

with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, 

and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking. 

The sUASs are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground 

Control Station (GCS) utilizing electronic tablet or smart phone systems. The Evolution has a 

maximum gross weight of approximately 19 pounds, while having a length and width of 39.4 

inches, height of 22.44 inches, and a maximum speed of approximately 30 knots. The Inspire 1 

has a maximum gross weight of 6.4 pounds, a length of 17.2 inches, width of 17.8 inches, height 

of 11.9 inches, and a maximum speed of approximately 43 knots. The Evolution is equipped 

with six main rotors and the Inspire 1 is equipped with four main rotors; they are both driven by 

Lithium Polymer battery powered electric motors.

A complete description of the operation and specifications of the Evolution and the Inspire 1 

GCS and flight control software, including the flight and navigational modes and the Failsafe 

Functions of the flight controller, are provided in the Inspire 1 User Manual (found here: http://

download.dji-innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.4_en.pdf

and the WooKong Multi-Rotor User Manual v. 3.9 (the controller used with the Evolution), 

attached hereto. For example, when the Control Link is lost, the Evolution and Inspire 1 sUASs 

will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the Evolution and 

Inspire 1 sUASs do not reacquire control link data from the GCS, the sUASs will assume that the 

Control Link is lost and the sUASs will return to the home position (i.e., failsafe mode) via GPS, 

and will descend to the takeoff position and shutdown. See Inspire 1 User Manual at p. 15; and 

WooKong Multi-Rotor User Manual v. 3.9, attached hereto, at pp. 23-24. 

II. STATUTORY AUTHORITY FOR EXEMPTIONS

The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory 

authority includes exempting civil aircraft, as the term is defined under § 40101 of the Act, 

including sUASs, from the requirement that all civil aircraft must have a current airworthiness 

certificate. 

The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any sections 44702-44716 of this title if the Administrator 

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finds the exemption in the public interest. 49 U.S.C. §44701(f). See also 49 USC § 44711(a); 49 

USC § 44704; 14 CFR § 91.203(a)(1). 

Section 333(b) of the FMRA assists the Secretary in determining whether sUASs may operate in 

the National Airspace System (NAS) without creating a hazard to the user, the public, or a threat 

to national security. In making this determination, the Secretary must consider: 

 • The sUAS's size, weight, speed, and operational capability; 

 • Whether the sUAS operates within the visual line of sight of the operator; and 

 • Whether the sUAS operates outside of highly populated areas and away from 

close proximity to airports. 

FMRA §333(a). If the Secretary determines that a sUAS “may operate safely in the national 

airspace system (NAS), the Secretary shall establish requirements for the safe operation of such 

aircraft in the national airspace system.” Id. § 333(c). 

Thomas R. Rickert’s sUASs are multi-rotor vehicles, weighting 25 or fewer pounds, including 

payload. They operate under normal conditions at a speed of no more than 40 knots and have the 

capability to hover, and move in the vertical and horizontal plane simultaneously. Such 

operations will insure that the sUASs will “not create a hazard to users of the national airspace 

system or the public.” FMRA, section 333 (b). 

Given the small size of the sUASs involved, Mr. Rickert’s application falls squarely within the 

zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, 

by exemption, allow commercial operations of sUASs to commence immediately. Also due to 

the small size of the UASs and the low altitudes in which the sUASs will operate, approval of the 

application does not present a national security issue. 

Given the clear direction in Section 333 of the FMRA, the authority contained in the Federal 

Aviation Act, as amended, the strong equivalent level of safety surrounding the proposed 

operations, and the significant public benefit, including enhanced safety, the grant of the 

requested exemptions is in the public interest. Accordingly, Mr. Rickert respectfully requests that 

the FAA grant the requested exemption without delay. 

III. PUBLIC INTEREST 

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 

333(a) through (c) of the FMRA. This law directs the Secretary of Transportation to consider 

whether certain unmanned aircraft systems may operate safely in the NAS before completion of 

the rule making required under Section 333 of the FMRA. By granting an exemption the FAA 

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will fulfill Congress’s intent of allowing sUASs to operate utilizing significant safety precautions 

in low risk environments. 

The use of sUASs to inspect and monitor elevated structures and towers can significantly reduce 

the risk to workers of falls while inspecting, surveying, or monitoring such structures. sUASs can 

inspect, photograph, and collect data on hard to get to areas that otherwise would require 

dangerous worker inspections. Historically, falls are the number one leading source of workplace 

fatality and injury on construction sites, and reducing falls through sUAS use for site imaging 

could save workers’ lives. Additionally, sUASs could replace the use of helicopters and small 

aircraft to monitor sites. The sUASs Mr. Rickert proposes to fly in this application are under 

twenty-five (25) pounds, and carry no combustible material on board, as opposed to the much 

larger conventionally powered small aircraft. Shifting to sUASs from helicopters presents a 

marked safety increase for workers and the public. 

The use of sUASs to acquire aerial photography and videography for use in filmmaking and real 

estate visualizations has similar safety benefits, as well as educational benefits. It will allow the 

general public to gain a much better understanding of the physical layout as seen from low 

altitudes. It is far safer to operate an sUAS in such settings than a manned helicopter or a fixed 

wing aircraft. 

Lastly, sUASs reduce the environmental impact by dramatically decreasing the energy used for 

aerial imaging and data collection. Mr. Rickert’s sUASs use rechargeable lithium ion batteries, 

as opposed to fossil fuels burned in operation of small aircraft that are many hundreds of times 

heavier. 

IV. EQUIVALENT LEVEL OF SAFETY 

Mr. Rickert proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate with the limitations listed herein. These limitations provide for at 

least an equivalent, or even higher, level of safety to operations under the current regulatory 

structure because the proposed operations represent a safety enhancement to the already safe 

protocols followed on industrial sites and imaging operations conducted with helicopters and 

other conventional aircraft. 

In seeking this exemption, Thomas R. Rickert proposes to commercially operate the Evolution 

and Inspire 1 sUASs for the special purpose of conducting aerial video and photography over 

certain areas of United States, pursuant to the following specific operating limitations: 

1. Operations authorized by this grant of exemption will be limited to the following aircraft 

described in the operating documents, rotorcraft sUASs weighing less than 55 pounds 

maximum gross weight: R/C Rotors Evolution Hexacopter 1000 and DJI Inspire 1 

Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new 

petition or a petition to amend this grant. 

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2. sUAS operations under this exemption will be limited to conducting operations for the 

purpose of aerial data collection including aerial videography, photography, and 

monitoring. 

3. The sUASs may not be flown at an indicated airspeed exceeding 20 knots. 

4. The sUASs must be operated at an altitude of no more than 500 feet above ground level 

(AGL), as indicated by the procedures specified in the operating documents unless a 

special request is made and approved by ATC. All altitudes reported to ATC must be in 

feet AGL. 

5. The sUASs 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. 

6. All operations must utilize a visual observer (VO). 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 functions prescribed in the operating documents. 

7. The V O must not perform any other duties beyond assisting the PIC with seeing and 

avoiding other air traffic and other ground based obstacles/obstructions and is not 

permitted to operate the camera or other instruments. 

8. The operating documents and the grant of exemption must be accessible during sUAS 

operations and made available to the Administrator upon request. If a discrepancy exists 

between the conditions and limitations contained in the grant of exemption and the 

procedures outlined in the operating documents, the conditions and limitations contained 

in the grant of exemption take precedence and must be followed. Otherwise, the operator 

must follow the procedures as outlined in the operating documents. The operator may 

update or revise its operating documents. It is the operator’s responsibility to track such 

revisions and present updated and revised documents to the Administrator upon request. 

The operator must also present updated and revised documents if he petitions for 

extension or amendment to the grant of exemption. If the operator determines that any 

update or revision would affect the basis upon which the FAA granted the exemption, 

then the operator must petition for 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. 

9. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for 

safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, 

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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. The Ground Control 

Station must be included in the preflight inspection. 

10. 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. 

11. The pre-flight inspection must account for all potential discrepancies, e.g., inoperable 

components, items, or equipment, not already covered in the relevant sections of the 

operating documents.

12. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements.

13. Each UAS operated under this exemption must comply with all manufacturer Safety 

Bulletins. 

14. The PIC must possess at least a private pilot certificate and valid U.S. driver’s license 

issued by a state. 

15. The operator may not permit any PIC to operate unless the PIC meets the operator’s 

qualification criteria and demonstrates the ability to safely operate the UAS in a manner 

consistent with how the UAS will be operated under the exemption, including evasive 

and emergency maneuvers and maintaining appropriate distances from persons, vessels, 

vehicles and structures. 

16. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). If flight at 

night is required, a special request will be made at the FAA office closest to proposed 

area of operations. Flights under special visual flight rules (SVFR) are not authorized. 

17. 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. 

18. 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. 

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19. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in 

accordance with the operating documents. 

20. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in 

accordance with the operating documents. 

21. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the intended 

operation and to operate after that for at least five minutes or with the reserve power 

recommended by the manufacturer if greater.

22. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver 

or Authorization (COA) prior to conducting any operations under the grant of exemption. 

All operations shall be conducted in accordance with airspace requirements in the ATO 

issued COA. 

23. All aircraft operated in accordance with the exemption must be identified by serial 

number, registered in accordance with 14 C.F.R. part 47, and have identification (NNumber) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as 

large as practicable. 

24. Before conducting operations, the radio frequency spectrum used for operation and 

control of the UA must comply with the Federal Communications Commission (FCC) or 

other appropriate government oversight agency requirements. 

25. The documents required by 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the 

Ground Control Station of the UAS any time the UAS is operating. These documents 

must be made available to the Administrator or any law enforcement official upon 

request. 

26. The UA must remain clear and yield the right of way to all manned aviation operations 

and activities at all times. 

27. The UAS may not be operated by the PIC from any moving device or vehicle. 

28. 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 

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where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately; 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, operator trainees or essential persons are not considered nonparticipating 

persons under this exemption. 

29. 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. 

30. 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. 

V. DESCRIPTION OF SPECIFIC REGULATIONS

 1. 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates, 14 C.F.R. § 

 91.203(a)(l) 

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 Mr. Rickert, an exemption 

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

Section 333 of the FMRA. The Federal Aviation Act (49 U.S.C.§ 44701(f)) and Section 333 of 

the FMRA 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. Mr. Rickert’s sUASs will be operated at low 

speed in a controlled environment, at least five miles from an airport. An analysis of these 

criteria demonstrates that the sUAS 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 helicopter) operating with an airworthiness certificate 

without the restrictions and conditions proposed. 

The sUASs to be operated hereunder are less than 25 lbs. fully loaded, carry neither a pilot nor 

passenger, carry no explosive materials or flammable liquid fuels, and operate exclusively within 

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a secured area. Like other civil aircraft, operations under this exemption will be tightly 

controlled and monitored by the pilot, and under the requirements, and in compliance with, local 

public safety requirements, to obtain aerial imagery. 

These safety enhancements, which already apply to civil aircraft operated in connection with 

similar sites, provide a greater degree of safety to the public and property owners than 

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

Subpart H. 

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

security posed by the sUASs, due to their size, speed of operation, location of operation, lack of 

explosive materials or flammable liquid fuels, and ability to carry external loads no greater than 

seven (7) lbs. 

2. 14 C.F.R. § 45.23(b): Marking of the Aircraft 

This regulation requires certain experimental, provisionally certificated aircraft, or light-sport 

category aircraft to be marked with letters between 2 inches and 6 inches high “limited,” 

“restricted,” “light-sport,” “experimental,” or “provisional,” near each entrance to a cabin, 

cockpit, or pilot station. Even though the sUASs will have no airworthiness certificates, an 

exemption will be needed as the sUASs will have no entrances to the cabins, cockpits or pilot 

stations on which the word “Experimental” can be placed. Given the size of the sUASs, twoinch lettering will be impossible. The word “Experimental” will be placed on the fuselage in 

compliance with § 45.29(f). 

The equivalent level of safety will be provided by having the sUASs marked on their fuselages 

as required by § 45.29(f) where the pilot, observer and others working with the sUASs will see 

the identification of the sUASs as “Experimental.” The FAA has issued the following 

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

3. 14 CFR §§ 61.23(a)&(c), 61.101(e)(4), 61.113(a)&(b), and 61.315(a): Medical 

 Certificates and Private Pilot Privileges and Limitations: Pilot in Command 

Sections 61.23(a)&(c) require pilots to hold a first-class medical certificate. Furthermore, 

sections 61.101(e)(4), 61.113(a)&(b) and 61.315(a) limit private pilots to non-commercial 

operations. Because the sUASs will not carry pilots or passengers, the proposed operations can 

achieve the equivalent level of safety of current operations by requiring the pilot operating the 

aircraft to have a private pilot’s license and a state-issued driver’s license. Unlike a conventional 

aircraft that carries the pilot and passengers, the sUASs are remotely controlled with no living 

thing or cargo on board. The area of operation is controlled and restricted, and all flights are 

planned and coordinated in advance. The risks associated with the operation of the sUASs are so 

diminished from the level of risk associated with commercial operations contemplated by Part 61 

when drafted, that allowing operations of the sUASs as requested with a pilot who holds a 

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private pilot’s license and a state-issued driver’s license exceeds the present level of safety 

achieved by 14 C.F.R. §§ 61.23(a)&(c), 61.101(e)(4), 61.113(a)&(b) and 61.315(a). 

The FAA has previously granted relief from sections 61.113(a)&(b) specific to sUASs, in similar 

circumstances in all material respects to those presented herein. See, e.g., Exemption Nos. 

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11150, 11153, 

11156, 11158, 11159, 11160, 11161, 12235, 12412 and 12711.

4. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness 

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

condition. As there will be no airworthiness certificate issued for the aircraft, should this 

exemption be granted, no FAA regulatory standard will exist for determining airworthiness. 

Given the size of the aircraft and the requirements for maintenance and use of safety checklists 

prior to each flight, an equivalent level of safety will be provided. 

The FAA has previously granted relief from section 91.7(a) specific to sUASs, in circumstances 

similar in all material respects to those presented here. See, e.g., Exemption Nos. 11062, 11063, 

11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 

11157, 11158, 11159, 11160, 11161, 12235, 12412 and 12711.

5. 14 CFR § 91.9(b)(2): Civil Aircraft Flight Manual, Marking, and Placard 

 Requirements 

The sUASs, given their sizes and configurations have no ability or place to carry such flight 

manuals on the aircrafts, not only because there are no pilots 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 a flight operations and procedures 

manual that currently exceeds accepted means and methods for safe flight at the ground control 

point where the pilot flying the sUAS will have immediate access to it. The FAA has issued the 

following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 

9565B, 10167, 10167A, 10602, 32827, and 10700. 

 6. 14 C.F.R. § 91.103: Preflight Action 

This regulation requires each pilot in command (PIC) take certain actions before flight to ensure 

the safety of flight. An exemption is needed from this requirement as the pilot will take separate 

preflight actions, including checking for weather conditions, checking flight battery 

requirements, checking takeoff and landing areas, and all other actions in the Preflight Checklist. 

These actions will provide an equivalent level of safety and are prescribed by Mr. Rickert’s 

sUAS operations. 

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 7. 14 C.F.R. § 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. 

By design, sUASs and remotely piloted aircraft 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 previously approved exemptions for aircraft without fully 

functional dual controls. See Exemption Nos. 5778K & 9862A. The equivalent level of safety 

provided by the fact that neither a pilot nor passengers will be carried in the aircraft, the ability to 

control the sUASs via radio signals from the controllers, and by the size and speed of the 

aircrafts. 

 8. 14 C.F. R. § 91.119: Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119(d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating 

the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. This 

exemption is for a multi-rotor craft that flies similarly to a helicopter, with vertical take off and 

vertical landing, which will typically operate at altitudes below 400' AGL, so an exemption may 

be needed to allow such operations. The sUASs will never operate at an altitude higher than 400 

AGL. 

The equivalent level of safety will be achieved given the sizes, weights, and speeds of the sUASs 

as well as the location where they are operated. Compared to flight operations with aircraft or 

rotorcraft weighting far more than the sUASs proposed herein, and carrying flammable fuel, any 

risk associated with our operations is far less than those presently presented with helicopters and 

other conventional aircraft operating at or below 500 AGL in the construction or filmmaking 

industry. In addition, the low-altitude operations of the sUASs will ensure separation between 

these sUAS operations and the operations of conventional aircraft that must comply with Section 

91.119. The FAA has issued the following exemptions to this regulation: Exemption Nos. 

12235, 12412, and 12711. 

 9. 14 C.F.R. § 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 sUASs may not have barometric altimeters, 

but instead GPS altitude readouts, an exemption may be needed. An equivalent level of safety 

will be achieved by the operator, pursuant to the pre-flight requirements and checklists 

confirming the altitude of the launch site before flight. 

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The FAA has previously granted relief from section 91.121 specific to sUASs, in circumstances 

similar, in all material respects, to those presented herein. See., e.g., Exemption Nos. 11062, 

11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 

11157, 11158, 11159, 11160, 11161, 12235, 12412, and 12711.

10. 14 CFR § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

Section 91.151(a) outlines fuel requirements for beginning a flight in VFR conditions. Mr. 

Rickert’s sUASs have limited ranges and flight times which require an exemption from 14 CFR 

91.151(a). 

The batteries powering the sUASs provide no greater than 30 minutes of powered flight. To 

meet the 30-minute reserve requirement in 14 CFR § 91.151, sUAS flights would be limited to 

approximately 0 minutes in length. Given the limitations on the UAS’s proposed flight areas and 

the location of their proposed operations within a predetermined area, a longer time frame for 

flight in daylight or night VFR conditions is reasonable. 

Mr. Rickert 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)). Operating the sUASs in a tightly controlled area with less 

than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was 

intended to alleviate given the size and speed of the sUAS. Additionally, limiting sUAS flights 

to 0 minutes would greatly reduce the utility for which the exemption will be granted. 

An equivalent level of safety can be achieved by limiting flights to 30 minutes, or enough battery 

reserve to ensure that the sUASs land at the ground station with at least 5 minutes of flight time 

remaining. This restriction would be more than adequate to return the sUASs to their planned 

landing zone from anywhere in their limited operating areas. 

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

8811, 10673, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 

11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161, 12235, 12412, 

and 12711. 

11. 14 CFR §§ 91.203(a)&(b): Carrying Civil Aircraft Certification and 

 Registration

The regulation provides in 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 . . . . 

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(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 sUASs fully loaded weigh no more than 25 lbs. and is operated without an onboard pilot. 

Therefore there is no ability or place to carry certification and registration documents or to 

display them on the sUASs. 

An equivalent level of safety will be achieved by keeping these documents at the ground flight 

control point where the pilot flying the sUAS will have immediate access to them, to the extent 

they are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A 

representative sample of other exceptions includes Exemption Nos. 9565, 9665,9789, 9789A, 

9797, 9797A, 9816A, and 10700. 

 12. 14 C.F.R. §§ 91.405(a); 407(a)(l); 409(a)(2); 417(a)&(b): Maintenance 

 Inspections 

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter 

...," and others shall inspect or maintain the aircraft in compliance with Part 43. 

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to Mr. Rickert. Maintenance will be accomplished by the operator 

pursuant to standard procedures and manufacturer guidance. An equivalent level of safety will 

be achieved because these sUASs are very limited in size and will carry a small payload and 

operate for limited periods of time. If mechanical issues arise, the sUASs can land immediately 

and will be operating from no higher than 400 feet AGL and within visual line of sight of the 

pilot. The pilot will ensure that the sUASs are in working order prior to initiating flight and have 

the required maintenance. Moreover, the pilot 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. 

The FAA has previously granted relief specific to sUASs in circumstances similar in all material 

respects to those presented herein. See, e.g., Exemption Nos. 11062, 11063, 11064, 11065, 

11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 

11159, 11160, 11161, 12235, 12412 and 12711.

VI. SUMMARY 

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal 

Register, should it be determined that publication is needed: 

Applicant seeks an exemption from the following rules: 14 C.F.R. Part 21, subpart H; 14 C.F.R. 

§§ 45.23(b), 61.23(a)&(c), 61.101(e)(4), 61.113(a)&(b), 61.315(a), 91.7(a), 91.9(b)(2), 91.103, 

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91.109, 91.119, 91.121, 91.151(a), 91.203(a)&(b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 

91.417(a)&(b) to operate commercially small unmanned vehicles (55 lbs. or less) for 

photographic and remote sensing operations. 

Approval of exemptions allowing commercial operations of sUASs for photographic and remote 

sensing operations enhance safety while reducing risk. Manned aircraft creates a greater risk 

because the craft are much larger, have combustible fuel, and carry an onboard human pilot. In 

contrast, a sUAS weighing fewer than 25 lbs. and powered by batteries eliminates virtually all of 

that risk given the reduced mass and lack of combustible fuel carried on board. The sUASs will 

carry no passengers or crew and, therefore, will not expose them to the risks associated with 

manned aircraft flights. 

The operation of small UASs, weighting less than 25 lbs., conducted in the strict conditions 

outlined above, will provide an equivalent level of safety supporting the grant of the exemptions 

requested herein, including exempting the applicant from the requirements of Part 21 and 

allowing commercial operations. These lightweight aircraft operate at slow speeds and close to 

the ground, and, as a result, are far safer than conventional operations conducted with turbine 

helicopters operating in close proximity to the ground. 

Satisfaction of the criteria provided in Section 333 of the FMRA — size, weight, speed, 

operating capabilities, proximity to airports and operation within visual line of sight and national 

security — provide more than adequate justification for the grant of the requested exemptions 

allowing commercial operation of applicant’s sUASs in real estate videography and photography, 

remote inspections, and similar industries requiring aerial data collection. 

Sincerely, 

/s/ Thomas R. Rickert

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