March 26, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Modification to Exemption Request Section 333 of the FAA FMRA and Part 11 of 

the Federal Aviation Regulations submitted 5 Dec 2014

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and FMRA of 2012 (FMRA), enrGies 

Inc. (the “petitioner.”), a service provider of Small Unmanned Aircraft Systems (sUAS)

services and operations for multiple government activities; seeks an exemption from 

Federal Aviation Regulations (“FARs”) listed below. The requested exemption would 

allow enrGies Inc. to conduct research and commercial activities using sUAS in the 

National Airspace System (NAS). These operations would be conducted under strict 

guide lines and control ensuring safe operations and will be conducted within and under 

the conditions outlined herein or as may be established by the FAA as required by 

Section 333. 

As described below, the requested exemption would authorize enrGies Inc. to perform 

commercial sUAS operations within the NAS utilizing a variety of airframes, sensors and 

payloads that will provide the following benefits:

1. Commercial use of sUAS to perform aerial video and data gathering in support 

of federal, state and local government agencies as well as the following private 

commercial ventures: basic photography, precision agriculture, pipeline/power line 

transmission/distribution towers, oil and gas facilities (on & off shore), manmade/natural 

disaster damage assessment, support to first responders, security, construction, 

research, wildlife and wildfire monitoring, real estate, local infrastructure, railroad 

infrastructure, surveying, scientific studies, insurance functions, training, mining and 

UAS research and development. All of these activities are critical to the well-being of 

the general public.

2. The use of sUAS will decrease congestion in the NAS along with reducing the 

noise/air pollution generated during traditional manned aircraft flight operations.

3. Operation of sUAS may substantially reduce the risk to life and property by 

performing missions that are currently being performed by manned aircraft that are 

considered dangerous (i.e., transmission tower inspections or operating in extreme 

terrain or weather conditions). 
2 

4. sUAS when operated properly and under the FAA guidelines will not pose a

risk to National Security or generate new privacy issues. 

enrGies Inc. is requesting the approval to fly eight different systems, both fixed-wing 

and multi-rotor. Our pilots are currently certified in both type systems and must maintain 

currency in accordance with our government certified flight procedures. A data sheet 

for each system is provided as well as all manuals and documents. 

Approval of this exemption would thereby enhance safety and fulfill the Secretary of 

Transportation’s responsibilities under Section 333(c) of the FMRA to "establish 

requirements for the safe operation of such aircraft systems in the national airspace 

system." The following exhibits are submitted as amplifying information to provide

substantiation of enrGies credentials and technical information regarding the sUAS 

pursuant to this request. 1

A – enrGies Inc. Flight Operations Procedures; 

B – Lockheed Martin Indago Multi-rotor 

C – Lockheed Martin Desert Hawk III; 

D – DJI Phantom 2 vision + 

F – PrecisionHawk Lancaster MK3 

G – Aeromao Talon 

H – Aeromao Aeromapper 300 

I – Aeromao Aeromapper EV-2 

J – DJI Inspire

The regulations from which the exemption is requested are: 

14 C.F.R. Part 21; 

14 C.F.R. 45.23(b); 

14 C.F.R. 61.113(a) & (b); 

14 C.F.R. 61.133(a); 

14 C.F.R. 91.7(a); 

14 C.F.R. 91.9(b)(2) & (c); 

14 C.F.R. 91.103; 

1

Petitioner submits Exhibits A-J, as a Confidential documents under 14 CFR § 11.35(b), as the documents

contain confidential commercial and proprietary information that the Petitioner has not and will not 

share with others. The Manuals contain operating conditions and procedures that are not available to 

the public and are protected from release under the Freedom of information Act 5 U.S.C. § 552 et.seq.
3 

14 C.F.R. 91.109(a); 

14 C.F.R. 91.119; 

14 C.F.R. 91.121; 

14 C.F.R. 91.151(a); 

14 C.F.R. 91.203(a) & (b); 

14 C.F.R. 91.405(a); 

14 C.F.R. 91.407(a)(1); 

14 C.F.R. 91.409(a)(2); 

14 C.F.R. 91.417(a) 

enrGies Inc. point of contact name and address: 

Philip Owen 

Director of UAS Operations 

(c) 256-759-0181 

Email: philowen@enrgies.com

DESCRIPTION OF PETITIONER 

enrGies originated as an aviation engineering company supporting the U.S. Army, 

therefore an aviation perspective and its discipline forms the basis of our corporate 

culture. Our aviation culture including safety, standardized qualifications, and 

awareness of the responsibilities resulting from sharing the national airspace form the 

cornerstone of all operations and business activities. Naturally, this corporate culture 

formed the basis and mandate for all sUAS operations. 

enrGies personnel have been providing UAS support to the Department of Defense, the 

Department of Energy, and Department of State for many years. In fact, enrGies 

provided the initial training and subject matter expert support for the Department of 

Interior UAS program; including assisting the United States Geological Survey (USGS) 

stand up their sUAS program. This assistance included teaching their basic pilot 

courses and providing pilots and operational support for their first 7 missions. enrGies 

has provided basic and advanced flight training to the US Army and Special Operations 

forces for last four years, including Program of Instruction development. . 

enrGies sUAS Pilots/Instructors have 1000’s of sUAS flight hours of operations and 

student instruction throughout the world, including: the US Mainland, Alaska, Hawaii, 

Mexico, Korea, Germany, Italy, Lebanon, Kuwait, Iraq and Afghanistan. All our current 

7220 Governors West Rd 

Huntsville, AL 35806

www.enrgies.com
4

Pilots/Instructors have military experience (many are retired military). Several enrGies 

sUAS pilots also hold FAA Commercial certificates. This background gives enrGies a 

strong safety orientated focus.

enrGies is currently working with multiple major sUAS OEMs through teaming or 

partnership agreements and are conducting training on several of the systems listed for 

the US Military over restricted airspace. We are also assisting several universities to 

develop their sUAS programs. 

Relevant Statutory Authority

This petition for exemption is submitted to fulfill Congress' goal in passing Section 

333(a) through (c) of the Reform Act. In the Reform Act, Congress directed the FAA "to 

safely accelerate the integration of civil unmanned aircraft systems into the national 

airspace system" and, under Section 333 of that law, directed the Secretary of 

Transportation ("FAA Administrator") to consider whether certain unmanned aircraft 

systems may operate safely in the National Airspace System ("NAS") before completion 

of the rulemaking required under Section 332 of the Reform Act.

In making this determination, the Secretary shall determine, at a minimum:

(1) which types of unmanned aircraft systems, if any, as a result of their size, weight,

speed, and operational capability, proximity to airports and populated areas; and 

operation within visual line of sight do not create a hazard to users of the national 

airspace system or the public or pose a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or airworthiness 

certification under section 44704 of title 49, United States Code is required for the 

operation of unmanned aircraft systems identified under paragraph (1).

If the Secretary determines that such vehicles "may operate safely in the National 

Airspace System, the Secretary shall establish requirements for the safe operation of 

such aircraft in the National Airspace System".2

In addition, the FAA Administrator has general authority to grant exemptions from its 

safety regulations and minimum standards when the Administrator decides a requested 

exemption is in the public interest. See 49 U.S.C. § 44701(f) (authorizing the grant of 

exemptions from a requirement of regulations prescribed pursuant to section 44701(a)-

(b) and sections 44702-44716). A party requesting an exemption must explain the 

reasons why the exemption: (1) would benefit the public as a whole, and; (2) would not 

 

2

Section 333 places the duty on the Administrator, inter alia, to craft conditions for the safe operation of the UAS,

if it should be determined that the conditions set forth herein do not fulfill the statutory requirements for approval.
5 

adversely affect safety (or how it would provide a level of safety at least equal to the 

existing rules). See 14 CFR § 11.81; FAA, Petition for Exemptions. 

A. enrGies will utilize battery powered rotorcraft, multi-rotor and fixed wing aircraft, 

each weighing less than 55 lbs., including payload. Specific details regarding 

each air platform are included in Exhibits B - I, and a summary is shown with 

Exhibit A. These systems will operate, under normal conditions, at a speed of no 

more than 87 knots. Operations will be performed by a qualified sUAS Pilot in 

Command (PIC), as outlined below, to insure that safety of the NAS and the 

public in general are paramount. Given the small size of the sUAS involved, the 

pre-planned environment within which they will operate, and the level of 

qualification and training enrGies pilots provide, enrGies believes that these 

operations will provide greater than an “equivalent level of safety”. 

The operation of sUAS by knowledgeable and professional pilots will serve to 

enhance safety, add to the public benefit, and reduce the environmental impact 

related to current methods of manned aircraft flight operations will "not create a 

hazard to users of the NAS or the public."

B. Flight Operating Procedures (FOP) (Exhibit A), prescribes the policies and 

procedures for enrGies proposed sUAS operations. To assist the FAA in its 

safety assessment of EnrGies proposed sUAS operations, a summary of 

operational limitations and conditions that ensure an equivalent or greater levels

of operational safety are provided below. 

Safety will be the first and foremost consideration in all aspects of enrGies sUAS 

program. All flight operations will comply with all OEM, FAA or enrGies safety 

bulletins. 

1. The sUAS PIC will have, at a minimum, a third class medical certificate

and hold the minimum FAA required certificate, or higher and comply with

flight review requirements specified in 14 CFR § 61.56 or FAA recognized

equivalent.

2. To become a sUAS PIC, the pilot must be qualified on the sUAS, pass a

written test, oral evaluation and formal flight examination for each system.

The PIC will receive a formal evaluation and a minimum of one no-notice

evaluation every 12 months.

3. All pilot training and evaluations will be documented and kept in the pilots

permanent flight record. All flights will be logged in the pilots log book and

the aircraft log book.

4. The sUAS PIC is responsible for the safe operations of the system under
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their control. The PIC can only operate one system at a time, and PICs 

cannot change in the middle of the flight.

5. The PIC will ensure that all required documentation, regarding the sUAS 

and flight crew, are on-site during UAS operations.

6. Flight planning requires flight completion with at least 10% battery power 

remaining as measured by the sUAS or appropriate timing.

7. A briefing will be conducted in regard to the planned sUAS operations 

prior to flight at each new location. All personnel who will be performing 

duties within the boundaries of the area of operation will attend.

8. All sUAS flights will have the minimum flight crew required (as directed in 

the pilots manual) and a trained observer to ensure the sUAS remains in 

VLOS at all times. The observer must use human vision, unaided by any 

devise other than corrective lenses. The PIC and observer must be able 

to communicate verbally at all times. Electronic devices may be used with 

the exception electronic messaging or texting.

9. Prior to each flight, the PIC will conduct a complete pre-flight IAW the 

Pilots Manual and will not fly the aircraft if any discrepancy is found that 

could affect the safety of the flight.

10.The PIC will follow all published emergency procedures when 

encountered, with safety of the public being the primary focus.

11. The sUAS will be operated at or below 400’ AGL

12.The sUAS will not operate at a speed of greater than 87 knots.

13.The sUAS will not be operated night (official sunrise to official sunset)

14.Flights will be operated under visibility and cloud clearance requirements 

equivalent to Visual Flight Rules (VFR). sUAS operations are not 

authorized under Special VFR conditions.

15.Flights will be operated in Class G airspace whenever possible. Flights are 

not authorized in Class A airspace. Flights within 5 nautical miles of an 

airport are not authorized unless a letter of agreement is obtain from the 

airport manager or permitted by appropriate COA.

16.The sUAS will remain clear of and give way to any manned aircraft.

17.Prior to a sUAS flight, an area of operation will be established. This area 

of operation will include a defined lateral and vertical area, where the 

sUAS will operate. Safety procedures will be established for persons, 

property and applicable airspace within the area of operation.

18.The sUAS shall operate from on-site takeoff/landing locations adjacent to 

the PIC and/or Observer.

19.All operations shall be conducted over private or controlled-access 

property with permission from the property owner/controller or authorized 

representative.

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EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

The applicant requests an exemption from the following regulations as well as any 

additional regulations that may technically apply to the operation of sUAS’s:

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203(a)(1) 

Section 91.203(a)(1) requires all civil aircraft to have a certificate of 

airworthiness. Part 21, 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 of the aircraft (less than 55 lbs.) and the limited operating area 

associated with its utilization, it is unnecessary to go through the certificate of 

airworthiness process under Part 21 Subpart H to achieve or exceed current safety 

levels. 

Such an exemption meets the requirements of an equivalent level of safety under Part 

11 and Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the 

Reform Act both authorize the FAA to exempt aircraft from the requirement for an 

airworthiness certificate, upon consideration of the size, weight, speed, operational 

capability, and proximity to airports and populated areas of the sUAS involved. 

In this case, an analysis of these criteria demonstrates that the sUAS operated without 

an airworthiness certificate, under the conditions proposed herein, will be at least as 

safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) with an 

airworthiness certificate. The sUAS weighs less than 55 lbs. fully loaded. It will not carry 

a pilot or passenger, will not carry flammable fuel, and will operate exclusively within an 

area pre-disclosed and in compliance with conditions set forth herein. Operations under 

this exemption will be tightly controlled and monitored by both the pilot, pursuant to the 

conditions set forth above, and by local public safety requirements. The FAA will have 

advance notice of all operations through the filing of NOTAMs. Receipt of the prior 

permission of the land owner, the size of the aircraft, the lack of flammable fuel, and the 

fact that the aircraft is carried to the location and not flown there all establish the 

equivalent level of safety. The sUAS provides at least an equivalent, and most likely 

exceeds, level of safety to that of such operations being conducted with conventional 

aircraft that would be orders-of-magnitude larger and would be carrying passengers, 

cargo, and flammable fuel. 

14 CFR. § 45.23 & 91.9(c): Marking of the Aircraft 

Regulation 45.23 provides: 

(a) Each pilot of an aircraft must display on that aircraft marks consisting of the 

Roman capital letter “N” (denoting United States registration) followed by the 
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registration number of the aircraft. Each suffix letter used in the marks displayed 

must also be a Roman capital letter. 

(b) When marks include only the Roman capital letter “N” and the registration 

number is displayed on limited, restricted or light-sport category aircraft or 

experimental or provisionally certificated aircraft, the pilot must also display on 

that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not 

less than 2 inches nor more than 6 inches high, the words “limited,” “restricted,” 

“light-sport,” “experimental,” or “provisional,” as applicable.

Regulation 91.9(c) provides: 

No person may operate a U.S.-registered civil aircraft unless that aircraft is 

identified in accordance with part 45 of this chapter. 

The sUAS has no entrance to the cabin, cockpit, or pilot station on which the markings 

can be placed. Given the size of the sUAS, two-inch lettering will be impossible. Official 

marking systems for sUAS have not yet been established for operations inside the NAS. 

The applicant is prepared to mark the sUAS with the name of the organization and 

location or origin and fulfill any other request by the FAA to this topic in accordance to § 

45.29(f) where the pilot, observer, and others working with the sUAS will see the 

identification of the sUAS. 

The FAA has issued the following exemptions to this regulation; see Exemption Nos. 

8738, 10167, 10167A and 10700. 

14 CFR § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot 

in Command; Commercial Pilot Privileges and Limitations. 

Section 61.113(a) & (b) limit private pilots to non-commercial operations. Unlike 

a conventional aircraft that carries a pilot, passengers, and cargo, the sUAS in 

this case is remotely controlled with no passengers or property of others on 

board. Section 61.133(a) requires an individual with a commercial pilot’s license 

to be pilot in command of an aircraft for compensation or hire. The applicant 

respectfully proposes that pilot requirements should take into account the 

characteristics of the particular sUAS. Most sUAS autopilot’s have a high degree 

of pre-programmed control and various built-in technical capabilities that strictly 

limit the potential for operation outside of the operating conditions set forth in the 

exemption application. Hands-on experience with the sUAS are a far more 

effective guarantee of flight safety than a commercial pilot certificate would be, 

until the FAA Pilot Certificate requirements catch up to the sUAS technology. 

The sUAS autopilots have an all-digital software platform with advanced features 

previously restricted to full size unmanned aircraft. Automated features and 
10

advanced fly-safe controls enable safe, reliable operation, as well as advanced 

networking capabilities and system extensibility. 

 The system can autonomously fly a programmed flight path or fly in

manual mode

 Flight time and battery minutes are displayed at all times. The system will

return home and land automatically if user-configurable limits are reached.

 Flight safety is a priority, no matter the operating environment or project.

sUAS offer superior safety over manned aircraft by removing the need for

people to be onboard in potentially dangerous situations. With multiple

built-in safety features, sUAS platforms lead manned operations with

respect to safety.

 The sUAS automatically detects potential issues - with configurable

automated response behavior such as a return-home-and-land routine

 The sUAS self-calibrate all of their sensors and perform required failsafe

pre-flight tests prior to takeoff to check for errors

 The sUAS have the ability to set up visual no-fly zones or create a virtual

fence so the sUAS can’t fly horizontally or vertically beyond the preplanned flight area

 The sUAS have battery minutes and flight time displayed at all times. The

system will return home and land automatically if user-configurable limits

are reached

 The sUAS auto detect a lost GPS, warns the pilot and initiates an

immediate landing.

 Low battery on the sUAS triggers a Non-Fatal Warning alarm to return

home, land and replace the battery

 If sUAS detect a lost-link to the Ground Station the vehicle will perform its

pre-defined Non-Fatal Condition Response.
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Given these safety features, the applicant proposes that pilots of sUAS with these 

features should not be required to hold a commercial or private pilot certification. 

Instead, pilots should be required to: 

 Have successfully completed, at a minimum, FAA private pilot ground

instruction and passed the FAA Private Pilot written examination or FAArecognized equivalents including ICAO issued commercial, private license

and ground school; pilots will therefore receive instruction in aeronautical

navigation, meteorology, and aviation regulations prior to conducting

commercial sUAS operations.

 Have completed a training program for operation of the sUAS.

 Have completed 10 hours (or 20 flights) of training on the sUAS and/or

simulator before commencing commercial operations.

The applicant notes that the FAA has found that safety factors permitted operation of 

sUAS by pilots with these qualifications in the case of operations pursuant to public 

COAs where the mandatory operating conditions specified above are present. See 

Federal Aviation Administration, Notice N-8900.227, Unmanned Aircraft Systems (UAS) 

Operational Approval, at 20-21 (July 30, 2013). The FAA has the statutory authority, 

granted at 49 U.S.C.§44701(f) to waive the pilot requirements for commercial 

operations. 

Given these conditions and restrictions, an equivalent level of safety will be provided by 

allowing operation of the sUAS without a private pilot’s certificate or a commercial pilot’s 

certificate, under the conditions set forth herein. 

The risks associated with the operation of the sUAS (given its size, speed, operational 

capabilities, and lack of combustible fuel) are so diminished from the level of risk 

associated with private pilot operations or commercial operations contemplated by Part 

61 with conventional aircraft (fixed wing or rotorcraft), that allowing operations of the 

sUAS as set forth above meets or exceeds the present level of safety provided under 14 

C.F.R. § 61.113(a) & (b) and does not rise to the level of requiring a commercial pilot to 

operate the aircraft under § 61.133(a). 

14 CFR § 91.7(a): Civil aircraft airworthiness. 

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

airworthy condition. Should the exemption be granted allowing commercial operation of 

sUAS without an airworthiness certificate, no standard will exist for airworthiness of the 

sUAS. Given the size of the sUAS and the previous COAs issued for similar sUAS, an 
12

equivalent level of safety will be achieved by ensuring compliance with the given sUAS 

OEM manuals and use of safety checklists prior to each flight.

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

The regulation provides:

No person may operate a U.S.-registered civil aircraft ...

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of 

this chapter, unless there is available in the aircraft a current approved airplane 

or Rotorcraft Flight Manual, approved manual material, markings, and placards, 

or any combination thereof.

Given the size of sUAS, they have no ability or place to carry such a flight manual on 

the aircraft, not only because there is no pilot on board, but because there is no room or 

capacity to carry such an item on the aircraft.

The equivalent level of safety will be achieved by keeping the flight manual at the 

ground control point where the pilot flying the sUAS will have immediate access to it. 

The FAA has issued to others the following exemptions to this regulation: Exemption 

Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 

10700.

14 CFR § 91.103: Preflight action

This regulation requires each pilot in command to take certain actions before flight to 

insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided 

for the aircraft an exemption will be needed. An equivalent level of safety will be 

provided by following a comprehensive preflight checklist. The PIC will take all actions 

including reviewing weather, flight battery requirements, landing and takeoff distances 

and aircraft performance data before initiation of flight.

14 CFR § 91.109(a) & 91.319(a)(1): Flight Instruction

These regulations provide 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.

The sUAS are remotely piloted aircraft and by design, do not have fully functional dual 

controls. Flight control is accomplished through the use of a control box that 

communicates with the aircraft via radio communications. The flight plan is either 

manually controlled through point- and-click navigation or preprogrammed as way 

points into the auto pilot before or during flight and only in unusual circumstances will 

the pilot input control functions to alter the pre-programmed flight. Given the size and 

speed of the sUAS, an equivalent level of safe training can still be performed without 
13

dual controls because no pilot or passengers are aboard the sUAS, and all persons will 

be a safe distance away should the sUAS experience any difficulties during flight 

instruction. The FAA has approved exemptions for flight training without fully functional 

dual controls for a number of aircraft and for flight instruction in experimental aircraft. 

See Exemption Nos. 5778K & 9862A.

14 CFR § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. 

Specifically, 91.119(c) limits aircraft flying over areas other than congested areas 

to an altitude of 500 feet above the surface, except over open water or sparsely 

populated areas. In those cases, the aircraft may not be operated closer than 

500 feet to any person, vessel, vehicle, or structure.

Because aerial survey, mapping and inspection work must be accomplished at relatively 

low altitudes and at altitudes less than 500 feet AGL, an exemption from Section 

91.119(c) is needed.

The equivalent level of safety will be achieved given the size, weight, speed, and 

material with which sUAS are built. Also, no flight will be taken without the permission of 

the land owner or those who control the land. Because of the advance notice to the 

landowner, all affected individuals will be aware of the flights. Compared to aerial survey 

operations conducted with aircraft or rotorcraft weighing far more than the weight of the 

systems requested for exemption, and carrying flammable fuel, any risk associated with 

these operations will be far less than those currently allowed with conventional aircraft 

operating at or below 500 feet AGL. Indeed, the low-altitude operations of the sUAS will 

maintain separation between these sUAS operations and the operations of conventional 

aircraft that must comply with Section 91.119.

14 CFR § 91.121: Altimeter Settings

Section 91.121 requires a person operating an aircraft to maintain cruising 

altitude or flight level by reference to an altimeter that is set to the elevation of the 

departure airport or barometric pressure. 

Some sUAS have a barometric pressure sensor, while others only use GPS for 

elevation or altitude. When a barometric pressure sensor is on the sUAS, it is typically 

“zeroed” at the point of take-off; this is right next to the PIC and not at a departure 

airport. The altitude reading will be relative to that point and not a known elevation.

The equivalent level of safety will be achieved by the PIC confirming the elevation or 

altitude of the launch site. The altitude of the sUAS will also be displayed via telemetry 

on the Ground Station and will be constantly monitored by the PIC during the entire 

flight operation.
14

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

This regulation 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.”

The different sUAS batteries provide a variety of powered flight times. An exemption 

from § 14 CFR 91.151 is therefore required.

The applicant believes that an exemption from 14 CFR § 91.151(a) is safe and within 

the scope of a prior exemption. See Exemption 10673 (allowing Lockheed Martin 

Corporation to operate without compliance with 91.151(a)). Operating the sUAS, without 

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

was meant to prevent given the size and speed at which the sUAS operates. The fact 

that it carries no pilot, passenger, or cargo also enhances its safety. In the unlikely 

event that the sUAS should run out of fuel, it would simply land. Given its weight and 

construction material, the risks are less than contemplated by the current regulation.

The applicant believes that an equivalent level of safety can be achieved by maintaining 

10% of reserve fuel (or battery), which would be more than adequate to return the sUAS 

to its planned landing zone from anywhere in its operating area.

The FAA has granted similar exemptions to others, including Exemptions 2689F, 5745, 

10673 and 10808.

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

This regulation provides as follows:

(a) ...no person may operate a civil aircraft unless it has ... an appropriate and 

current airworthiness certificate.

(b) No person may operate a civil aircraft unless the airworthiness certificate 

required by paragraph (a) of this section or a special flight authorization issued 

under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to 

passengers or crew.

The sUAS fully loaded weigh less than 55 lbs. As such, there is no ability or place to 

carry certification and registration documents or to display them on the sUAS. In 

addition, there is no pilot on board the aircraft.

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

control point where the pilot flying the sUAS will have immediate access to them. The 

FAA has issued numerous exemptions to this regulation. A representative sample of 
15

other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 

9816A, and 10700. 

14 CFR § 91.405(a); 407(a)(1); 409(a)(2); 417(a): Maintenance Inspections 

Section 91.405(a) requires that an aircraft pilot 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 ...” Section 91.407 

similarly makes reference to requirements in Part 43; Section 91.409(a)(2) 

requires an annual inspection for the issuance of an air worthiness certificate. 

Section 91.417(a) requires the owner or pilot to keep records showing certain 

maintenance work that has been accomplished by certificated mechanics, under 

Part 43, or licensed pilots and records of approval of the aircraft for return to 

service. 

The sUAS under request are nearly maintenance free, they perform automatic pre-flight 

checks and the failure of any check will prevent take-off. Checks which cannot be done 

by the system will be performed by a qualified person prior to each flight and at 

predefined intervals as part of a maintenance schedule. 

Pre-flight checklist includes: 

1. Visual inspection of the airframe

2. Visual inspections of rotor integrity

3. Check charge of all batteries (aerial vehicle, command station, radio repeater

station) 

An equivalent level of safety will be achieved because the sUAS is small in size, will 

carry no external payload, will operate only in restricted predetermined areas and is not 

a complex mechanical devise. The pilot of a sUAS will ensure that it is in working order 

prior to initiating flight, perform required maintenance, and keep a log of any 

maintenance that is performed. Moreover, the pilot is the person most familiar with the 

aircraft and is best suited to maintain the aircraft in an airworthy condition and to ensure 

an equivalent level of safety. 

If mechanical issues arise, the UAS can land immediately due to the pre-determined 

area of operation. Moreover, the UAS's small size, carrying capacity, and the fact that 

flight operations will only take place in restricted areas for limited periods of time, create 

less risk than the same factors associated with conventional fixed-wing aircraft and 

rotorcraft performing the same operation. 
16

SUMMARY OF SECTION 333 EXEMPTION REQUEST 

As an aviation centric company with 10 years’ experience, it is enrGies Inc.'s belief that 

the size, weight, speed, operating environment, system capabilities and extensive PIC 

training and experience provide greater than the equivalent level of safety when 

operating a sUAS and that it is in the public interest as outlined in Section 333 of the 

FMRA. It is requested that the FAA issue an exemption to permit safe, legal, 

commercial sUAS operation by enrGies Inc. as soon as possible. 

enrGies, hereby provides pursuant to Part 11, a summary of its exemption application to 

allow commercial operation of sUAS for aerial acquisition and research in support of 

government entities, agriculture industry, utility companies, local infrastructure, scientific 

studies, wildlife monitoring, oil and gas industries, mining, surveying, forestry, and much 

more. All of which are critical to the well-being of the general public. An exemption is 

therefore requested from the following regulations: 

14 C.F.R. Part 21; 

14 C.F.R. 45.23(b); 

14 C.F.R. 61.113(a) & (b); 

14 C.F.R. 61.133(a); 

14 C.F.R. 91.7(a); 

14 C.F.R. 91.9(b)(2) & (c); 

14 C.F.R. 91.103; 

14 C.F.R. 91.109(a); 

14 C.F.R. 91.119; 

14 C.F.R. 91.121; 

14 C.F.R. 91.151(a); 

14 C.F.R. 91.203(a) & (b); 

14 C.F.R. 91.405(a); 

14 C.F.R. 91.407(a)(1); 

14 C.F.R. 91.409(a)(2); 

14 C.F.R. 91.417(a).