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UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 

Regulatory Docket No. _______________ 

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

BETWEEN THE PEAKS AVIATION, INC., 

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS 

14 C.F.R §§ 35 Part 21; and 91.7; 91.103(b); 91.109; 91.119; 91.121; 91.151; 91.405(a); 

91.407(a)(1); 91.409(a)(1) & (a)(2); AND 91.417(a) &(b); 91.7(a) 

CONCERNING COMMERCIAL OPERATION OF THE

DJI SREADING WINGS S1000 UNMANNED AIRCRAFT SYSTEM

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Submitted on January 28, 2015 

L. MICHAEL TRENKLE. 

Between the Peaks Aviation, Inc 

1660 Prominence Circle 

Elizabeth, Colorado 80107 

Tel: (303) 596-0261 

Fax: (303) 600-0111 

CEO 
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TABLE OF CONTENTS

Page 

SUMMARY ..................................................................................................................................................3 

INTRODUCTION.........................................................................................................................................3 

BACKGROUND OF PETITIONER.............................................................................................................4 

PUBLIC INTEREST..... ................................................................................................................................4 

SPECIFIC SECTIONS OF 14 CFR WHICH BETWEEN THE PEAKS AVIATION SEEKS 

EXEMPTION.................................................................................................................................................5 

REASONS BETWEEN THE PEAKS AVIATION EXEMPTION WILL NOT AFFECT PUBLIC 

SAFETY.......................................................................................................................................................10 

CONCLUSION ...........................................................................................................................................13 

SUPPLEMENTAL ATTACHEMENTS 

BETWEEN THE PEAKS AVIATION PROPRIETARY FLIGHT OPERATIONS AND PROCEDURE 

MANUAL...................................................................................................................................................A1 

OPERATION AND CONSTRUCTION MANUALS OF BETWEEN THE PEAKS AVIATION 

UNMANNED AERIAL SYSTEM.............................................................................................................A2 
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SUMMARY

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

C.F.R. Part 11, Between the Peaks Aviation, Inc., seeks an exemption from Federal Aviation Regulations 

(“FARs”); C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2); 91.103(b); 

91.105;(2) and (b) 91.109; 119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 

91.417(a)&(b). This exemption will permit Between the Peaks Aviation, Inc., (hereinafter referred to as 

“Between the Peaks Aviation”) is an unmanned aircraft solutions provider with services for state, local, 

and commercial clients. Between the Peaks Aviation is focused on providing solutions for utilizing 

unmanned aircraft for aerial data acquisition, photography and film work in the areas of Construction, 

Agriculture, Infrastructure, Real Estate, and other applicable areas.  

 

INTRODUCTION

L. Michael Trenkle, and The Company formed by him, Between the Peaks Aviation Inc, (both L. Michael 

Trenkle and Between the Peaks Aviation Inc., hereinafter known as Between the Peaks Aviation) seeks an 

exemption to operate the DJI Spreading Wings S1000, for compensation or hire within the national 

airspace system (NAS). 

The DJI Spreading Wings S1000 UAS is a professional level flight platform manufactured by DJI, a 

multi-rotor manufacturer established in 2006 that has a history of producing leading edge UAS platforms 

and safety systems for the professional UAS operator around the world. 

The DJI Spreading Wings S1000 UAS (hereinafter known as the UAS) is comprised of a Radio 

Controlled eight motor, multi-rotor unmanned aircraft system (UAS). The UAS has direct pilot 

intervention at all times. Redundant automated systems are in place to assist the pilot and ensure that at 

no time is safety compromised by a lost link situation. Between the Peaks Aviation has integrated a 

transportable ground control station as part of the UAS flight system. The DJI Spreading Wings S1000 

UAS has a maximum gross weight of approximately twenty five (25) pounds, (typical net weight is in the 

eighteen pound range), while having a diameter of 41 inches. The UAS is equipped with eight propellers 

and eight motors driven by Lithium Polymer batteries. Maximum speed of approximately 40mph, 

maximum rate of climb: 1180fpm, and a maximum wind component of <8m/s (17.9mph / 28.8km/h). 

Maximum flight times of forty (40) minutes with the capability to hover, and move in the vertical and 

horizontal plane simultaneously. Maximum altitude is four hundred (400) feet limited by Between the 

Peaks Aviation, vertical line of sight (VLOS) requirements. 

To maintain vertical line of sight (VLOS) requirements, the UAS is equipped with distance limiting 

programs to ensure that the UAS and /or the pilot do not operate the aircraft beyond a predetermined 

range. Between the Peaks Aviation will not operate in anything but Visual Meteorological Conditions 

(VMC), no less than five hundred (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. 

The radio frequencies and equipment utilize either the 2.4mhz spectrum or the 900mhz spectrum. All 

equipment has the appropriate FCC authorization / approval to transmit on the radio frequencies used for 
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UAS uplink and downlink of control, telemetry, and payload information. (See attached FCC compliance 

statements submitted as part of this request). 

BACKGROUND OF PETITIONER

I, L. Michael Trenkle, have been a licensed pilot for fourteen years and have been active in model 

aviation for over twenty five years. I have several thousand hours in combined full scale and model 

aviation, including scale air racing, aerobatic competition and over twenty years in model helicopter 

flight experience. 

With the years of experience in flight attained, I recognize the importance of safety as the first and 

foremost consideration in aviation. There are many operators of small unmanned aircraft systems that are 

either unaware or unwilling to adhere to the strict safety guidelines that the FAA has instituted over the 

years to ensure the safety of the National Airspace System as well as persons and property on the ground. 

With these issues in mind, Between the Peaks Aviation Inc. seeks to offer safe and legal unmanned aerial 

options for data collection, mapping and surveying, photography, and agriculture services for state, local 

and commercial clients. 

Between the Peaks Aviation is committed to safety in all of its operations, as such, Between the Peaks 

Aviation has developed multiple safety protocols, both in its operations and its flight platforms to ensure 

every level of safety and minimize the risk of damage to persons or property on the ground or in the air 

(NAS) and to comply with all state, local, and FAA regulations. 

PUBLIC INTEREST

Currently, aircraft for aerial data acquisition, photography and film and other aerial operations, utilize 

manned aircraft, fixed wing or helicopters, that weigh thousands of pounds and can carry upwards of two 

hundred gallons of fuel. To perform aerial operations as described herein, these aircraft must fly at lower 

altitudes, increasing the risk to those on the ground and in the airspace, and contribute to a high level of 

noise pollution which can disturb citizens or animals while performing these operations. Between the 

Peaks Aviation is concerned with safety and the impact on the community and environment. Utilizing 

small unmanned aerial systems, minimizes the impact to the environment and to the community as a 

whole. Operating small electric powered UAS's, poses no risk of fuel spillage or contamination in the 

event of an accident. In the unlikely event of an accident, the small size of the UAS eliminates the risk to 

health and safety to onboard pilots and passengers and minimizes if not altogether removes the hazards to 

persons on the ground. Sound pollution is almost nonexistent, due to clean quiet electric operation. 

Between the Peaks Aviation believes that responsible and safe UAS operations must be utilized to allow 

for UAS operations to continue. 

SPECIFIC SECTIONS OF 14 CFR WHICH BETWEEN THE PEAKS AVIATION SEEKS 

EXEMPTION
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Petitioner, Between the Peaks Aviation, pursuant to the provisions of the Federal Aviation Regulations 

(14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012, Section 333, Special Rules for 

Certain Unmanned Aircraft Systems, hereby petitions the Administrator to operate the S1000 UAS in the 

national airspace system, and for an exemption from the requirements of 14 C.F.R Part 21, §§ 91.103(b) 

91.119, 91.121, 91.151, 91.109(a), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). 

Between the Peaks Aviation requests relief from 14 C.F.R. 91.7(a), Airworthiness Certificate. 

In consideration of the limited size, weight, operating conditions, design safety features, and the 

imposed conditions and limitations by Between the Peaks Aviation, with the unmanned aircraft and its 

operation, Between the Peaks Aviation's operation of the S1000 UAS meets the conditions of Section 333 

and should not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. 

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such 

certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. No 

standard exists for airworthiness of the S1000 at this time, an equivalent level of safety will be achieved 

by insuring compliance with the Between the Peaks Aviation's Flight Operations and Procedure Manual 

with Safety Checklists, and the S1000 User manual as well as inspection and / or maintenance, performed 

by an Airframe and Powerplant mechanic. Between the Peaks Aviation believes that compliance with the 

applicable manuals, the S1000 User Manual and Between the Peaks Aviation's Flight Operations and 

Procedure Manual, including checklists, and inspection and / or maintenance, performed by a Airframe 

and Powerplant mechanic, employed by Between the Peaks Aviation, that a very high level of safety can 

be achieved in assuring the airworthiness of Between the Peaks Aviation's S1000 UAS. The policies and 

procedures in place by Between the Peaks Aviation and the equipment utilized on the UAS for Risk 

Mitigation, provide an Acceptable Level of Safety (ALoS) that rivals full scale aircraft operations. 

Therefore, Between the Peaks Aviation requests relief from 14 C.F.R. 91.7(a). 

Between the Peaks Aviation requests relief from 91.103(b) Pre-Flight Action, specifically "For any 

flight, runway lengths at airports of intended use."

Per the preflight section in Between the Peaks Aviation Flight Operations and Procedure Manual, certain 

preflight actions by the PIC are required including, but not limited to; 

 Aircraft safety and flight worthiness inspection. 

 Ground station inspection. 

 Site assessment and inspection. 

 The PIC will take all actions including reviewing weather, including visibility and standoff 

distances from clouds. 

 Flight battery requirements. 

Considering that operations will probably not occur at any airport, the requirement for knowledge of 

runway lengths at the airport of intended use, is not appropriate in this case. 
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Therefore, Between the Peaks Aviation requests relief from 91.103(b). 

Between the Peaks Aviation requests relief from 91.105(2) and (b), Flight crewmembers at stations. 

The UAS operated by Between the Peaks Aviation has no cockpit, the requirement for seatbelts is not 

applicable. 

Therefore, Between the Peaks Aviation requests relief from 91.105(2) and (b). 

Between the Peaks Aviation requests relief from 91.109(a), Flight Instruction. 

Although there is the ability to utilize dual controls on the UAS operated by Between the Peaks Aviation, 

the dual control is only utilized during a limited time during flight instruction activities. The second set 

of controls are removable and not practical for all phases of the time building or flight instruction process 

in place as referenced by Between the Peaks Aviation Flight Operations and Procedure Manual. 

Therefore, Between the Peaks Aviation requests relief from 91.109(a) 

Between the Peaks Aviation requests relief from 91.119, Minimum safe altitudes.  Section 91.119 

establishes safe altitudes for operation of civil aircraft.  

Between the Peaks Aviation's S1000 UAS has multiple safety systems integrated within the airframe to 

minimize the risk of damage to persons or property and has been assembled with the additional features to 

mimic as closely as possible (considering the limitations in size and capability) the requirements of full 

scale aircraft and the regulations such aircraft are required to comply with. 

 

 With eight motors, Between the Peaks Aviation's S1000 UAS has the ability to stay aloft and 

make a safe controlled landing, even with the loss of one motor. 

 Between the Peaks Aviation's S1000 UAS is electric is there is no risk of fuel spillage or a fire 

from leaking fuel after an emergency, where as the typical aircraft utilized in the proposed 

operations of Between the Peaks Aviation can weigh thousands of pounds and carry up to 200 

gallons of fuel. 

 Equipped with altitude and distance limiting features that inhibit the UAS from flying above 

certain altitudes or beyond specified ranges. 

 In the unlikely event of a GPS and / or radio control Lost link, the UAS automatically enters into 

a hover, if GPS and / or radio control link cannot be re-established, the UAS will return back to 

its departure point (Fail Safe). 

 Between the Peaks Aviation's S1000 UAS is also equipped with a rapid deployment ballistic 

recovery parachute that is automatically activated in the event of any catastrophic event. 

 (a) The flight controller determines an emergency (catastrophic event) as a rate of decent 

 greater than 10 m/s (1978 fpm / 22.36 mph) or a critical battery (10%) level while 

 still at altitude. 
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 (b) Typical loaded weight of the S1000 UAS will be less than 20 lbs (approximately 

 18lbs). At a weight of 18lbs, the emergency recovery parachute allows a decent rate 

 of 6 m/s (1181 FPM / 13.4 MPH), a very slow decent rate. 

 

 (c) The emergency recovery parachute is a Co2 driven device that is fully deployed in one half 

 (1/2) second with full parachute deployment and effectiveness after a drop of only 16.5 

 feet. 

 (d) Minimum altitude for safe deployment is 6m / 19.7 feet. 

 ADS-B transponder equipped (Dual band 978 and 1090) 

 ADS-B receiver equipped 

 COMM Radio equipped at Ground Station 

 Navigation and anti-collision lights 

 AHRS with telemetry link to Ground Station, equipped with Synthetic Vision, Terrain Detection, 

Air to Air Traffic Detection, GPS, NEXRAD Radar, Weather, NOTAM’s, etc. (TISB / FISB) 

 Flight operations will not take place unless all non-participating persons are more than 500 feet 

and 200 feet from property measured from the flight operation area or in an appropriate shelter/ 

building that can shield them from the aircraft in case of any unrecoverable situation. 

 Flight operations will only commence with permission of the land owner / controller 

 Flight operations will only take place in VMC and VLOS. 

 Flight operations will always have a Visual Observer (VO) to assist the pilot in any and all sense 

and avoid concerns regarding airspace as well as any other hazards that may exist within the 

flight operation envelope. 

 Flight operations in Class A or B airspace will not be performed. 

Certain areas along the front range of Colorado as well as the western slope are considered congested 

areas. Although the area may be congested, per sectional charts, there are many areas within these zones 

that are very wide open and comply with the self imposed 200 foot standoff from hazards (busy roads, 

buildings, towers, power lines, open air gatherings of people, etc.) or a much greater range as proposed 

by the petitioner, and 500 foot distance from any non participating individuals. This is mainly due to the 

relatively rural and spread out nature of Colorado that is not as common in other states. The ability to 

comply with airspace rules, sense and avoid other aircraft, yielding the right of way to all full scale 

operations, Anti-Collision and Navigation Lights, Air Traffic Control Communications, VO to assist in 

ground and air hazard recognition (buildings, towers, full scale flight operations, etc.), as well as 

extensive pre-flight site analysis combined, create a scenario that minimizes the risk to persons or 

property, and allows for flight operations to be safely conducted and create an operation that is as safe or 

safer than any operation with an aircraft typically employed in the proposed operations. 

The FAA has stated that there is no precise definition of a “congested area” and official U.S. 

Government aeronautical charts and NOTAMs provide general guidance for developing a proposed 

route that complies with § 91.119. (Trimble, Waiver 11110). The FAA states in 8900.1 V16, C1, S2, 

"H. Congested Area. A congested area is determined on a case-by-case basis. The determination must 

take into consideration all circumstances, not only the size of an area and the number of homes or 

structures (e.g., whether the buildings are occupied or people are otherwise present, such as on roads). 

Furthermore, aeronautical charts would not be expected to reflect all required local information." As such, 

Between the Peaks Aviation utilizes all aforementioned safety procedures and guidelines to be able to 

operate safely, even in areas that are "generally" designated as congested. With the use of appropriate 

standoff distances from structures and hazards, large, heavily trafficked roads, non production persons, 

working with appropriate airports and ATC's, filing of a NOTAM, as well as the integrated safety features 

on the UAS operated by Between the Peaks Aviation, the safety of the public and property can be 
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ensured, especially when compared to the risks of traditional aircraft utilized in similar activities to those 

proposed here (See also submitted Supplemental Summary Adherence to 8900.1).

Considering the sense and avoid and other safety considerations factored in to Between the Peaks 

Aviation's operational procedures, and the installed features on the S1000 UAS including but not limited 

to, ADS-B transponder, ADS-B receiver, synthetic vision, integrated lost link procedures (Fail Safe), the 

ability of the UAS to operate even with the failure of one motor, emergency ballistic parachute, the 

exceptionally fast rate of parachute deployment, the very short distance of drop prior to effective 

parachute deployment, the minimum safe altitude for deployment, the very short distance of drop prior to 

emergency parachute deployment, light weight of the S1000 UAS, elimination of the risk of carrying up 

to 200 gallons of fuel as a typical aircraft would carry minimal risk of damage to persons or property in 

the NAS or on the ground, especially as flight operations will not be conducted within 500 feet of any non 

participating persons, well within the safety margin for emergency procedures to be implemented and 

effective, standoff distances of at least 200 feet for any natural or man-made hazards, and filing of 

NOTAM's for flight operations, Between the Peaks Aviation believes that the S1000 UAS meets the 

requirements of the FAA to be able to perform an emergency landing without undue hazard to persons or 

property on the surface if a power unit fails, as specified 91.119, or in the case of a loss of link, or any 

other catastrophic event. 

Therefore, Between the Peaks Aviation requests relief from 91.119(a), 91.119(b), 91.119(c) 91.119 (d)(1) 

and 91.119(d)(2). 

Between the Peaks Aviation requests relief from 91.121 Altimeter Settings. 

Between the Peaks Aviation S1000 UAS is equipped with redundant pressure and GPS altimeters that 

provide altitude readings AGL and as well as an ADS-B receiver, coupled with synthetic vision AHRS 

that provides GPS indicated altitude MSL and AGL to the UAS pilot via a digitally encoded telemetric 

data feed, which downlinks from the aircraft to a ground-based on-screen display. 

Between the Peaks Aviation will only conduct flight operations within Visual Line of Sight (VLOS).

In the Astraeus-Aerial Waiver 11062, and Snaproll Waiver 11063, the FAA determined that this 

method to be a sufficient method for ensuring the UAS operations do not adversely affect safety. 

Therefore, Between the Peaks Aviation requests relief from 91.121. 

Between the Peaks Aviation requests relief from 91.151 Fuel Requirements in VFR Conditions. 

Between the Peaks Aviation operates an electric powered UAS and ground station equipped with a 

digitally encoded telemetric data feed that includes feedback data on remaining battery life. 

Between the Peaks Aviation S1000 can be configured for multiple battery options that can provide up to 

forty (40) minutes of flight time. As the battery options and loads can vary, depending on net weight, so 

can maximum flight times. Considering the limited flight times possible, to require a reserve of thirty 

minutes daytime and forty minutes nighttime would not be possible in all situations. 

The FAA recognized these limitations with small UAS's and in 2689, 5745, 10650, 8811, 10808, and 

10673. 
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Between the Peaks Aviation S1000 UAS is equipped with multiple fail safe items that minimize the risk 

of the UAS completely exhausting the battery supply. Should the battery level fall below thirty (30) 

percent capacity, (programmed by Between the Peaks Aviation) the S1000 UAS will automatically 

initiate the fail safe mode and return to home. Should the capacity fall to twenty (20) percent capacity, 

the UAS will immediately descend and land. If battery levels were to drop below ten (10) percent 

capacity, the emergency ballistic parachute will deploy, safely bringing the UAS to the ground.

Therefore, Between the Peaks Aviation requests relief from 91.151. 

Between the Peaks Aviation requests relief from 14 CFR 91.405(a), Maintenance required, 91.407(a)(1), 

Operation after maintenance, preventive maintenance, rebuilding, or alteration, 91.409(a)(2), 

Inspections, and 91.417(a) and (b), Maintenance records.

Between the Peaks Aviation believes that these sections only apply to aircraft with an airworthiness 

certificate. 

Between the Peaks Aviation submits that the requested relief is proper since an equivalent level of safety 

will be ensured. Between the Peaks, will use its Airframe and Powerplant (A&P) mechanic to perform 

and /or inspect maintenance, alterations, and preventive maintenance on the unmanned aircraft system 

using the methods, techniques, and practices prescribed in Between the Peaks Aviation's Flight 

Operations and Procedure Manual. Furthermore, Between the Peaks Aviation will document and maintain 

all maintenance records for the S1000 UAS. 

Therefore, Between the Peaks Aviation requests relief from 14 CFR 91.405(a), 91.407(a)(1), 

91.409(a)(2), and 91.417(a) and (b). 

Between the Peaks Aviation requests permission to operate at night per 14 CFR 1.1. 

UAS operations by Between the Peaks Aviation will only be conducted by certificated pilots. 

Between the Peaks Aviation has installed on its UAS navigation lights required under 14 CFR 91.209, 

including wingtip lights, anti-collision strobe lights and a flashing beacon at the tail end of the UAS. The 

lighting system can be seen from a minimum of three (3) statute miles per 91.209. 

In addition to the standard navigation and anti-collision lights installed, the UAS is also equipped with 

lower intensity lighting to aid the VO and the PIC with maintaining the requirement for VLOS. 

The installed lighting coupled with the ADS-B transponder would alert any other air traffic and / or air 

traffic control operating in the area to the presence of the UAS, (as well as required NOTAM's). 

The onboard telemetry downlink system has dual redundant primary instruments, providing an artificial 

horizon, altimeter, vertical speed and airspeed, (AHRS), as well as battery life and other warning 

messages, that are viewable at the ground station. To operate in nighttime VFR conditions, the PIC and 

the VO will arrive at least thirty (30) minutes prior to nighttime to ensure dark adaptation (8900.1 V16, 

C5, S3 I). 
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The PIC, VO, and any other participating persons will examine and pre-flight the area prior to nighttime, 

to assess risks and hazards present. For all nighttime operations, standoff distances from hazards will be 

increased to three hundred feet (300) minimums and mandatory battery life remaining prior to required 

landing would be increased to 40% life remaining. Only when it can be determined that there are no 

hazards or risks to flight operations, non-participating persons, and full scale flight operations, would a 

nighttime VFR flight be approved. 

Therefore, Between the Peaks Aviation requests permission to operate at night per 14 CFR 1.1. 

REASONS BETWEEN THE PEAKS AVIATION EXEMPTION WILL NOT AFFECT PUBLIC 

SAFETY

The flight system that Between the Peaks Aviation has constructed is based on the DJI Spreading Wings 

S1000 platform. The aircraft is constructed primarily of carbon fiber intended to lift a range of cameras 

including still, video and multispectral cameras. 

The components installed by Between the Peaks Aviation to enhance the safety include; 

 Direct Pilot Intervention via remote control. 

 FAA Compliant ADS-B transponder per 91.215 certified per 91.413 

 Altitude Heading Reference System (AHRS). 

 ADS-B receiver 

 3D Synthetic Vision app. at mobile ground station, including GPS, Wi-Fi and In-flight NEXRAD 

Radar, Weather, NOTAM’s etc. (FIS-B). 

 Navigation and Anti-Collision lighting. 

 GPS Based altitude and position sensors and flight stabilization systems. 

 Redundant Pressure and GPS Altimeters 

 Equipped with altitude and distance limiting features that inhibit the UAS from flying above 

certain altitudes or beyond a specified range. 

 Lost link integration providing for automatic return to home system ensuring that in the unlikely 

event of a lost link occurrence (Fail Safe), the S1000 UAS will safely return to the departure 

point. 

 Emergency recovery parachute. In the event of a loss of link, a critical loss of power, or any 

other catastrophic failure, the S1000 UAS will automatically deploy a parachute returning the 

UAS safely to the ground minimizing any potential damage to persons or property. 

 Emergency recovery parachute is also manually deployable by the pilot in case of any other 

emergency situation. 

 Remote instrumentation at the mobile ground station relaying data back to the pilot, including, 

altitude, heading, airspeed (relative ground speed), artificial horizon, rate of climb, GPS position, 

other aircraft in the area and battery power levels, as well as warning messages of critical onboard 

systems. 

 Dual redundant flight controls. The mobile ground station has a 2nd set of integrated controls 

that in the unlikely event of a lost link situation, a completely separate set of controls, operating 

on a different frequency can be utilized to control the aircraft. 

 Dual on board cameras to assist in detect and avoid. 

 Dual Flight Data Recorders. In the event of any situation, all logs and recordings of the flight can 

be reviewed. 
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 Hobbs Meter to accurately monitor flight times for maintenance purposes. 

 Ground Station equipped with COMM radio for communication with airport control and weather 

services. 

Between the Peaks Aviation will also employ a Visual Observer (per FAA 8900.1 V16, Ch5, S3) at all 

flight operation sites, who has either a current pilot certificate, or has completed a private pilot ground 

school, to ensure there are always, at a minimum, two individuals familiar with airspace and FAA rules 

and regulations and that can assess any proposed flight operations site and determine the safety and 

compliance of such site. 

Between the Peaks, will use its Airframe and Powerplant (A&P) mechanic to perform and /or inspect 

maintenance, alterations, or preventive maintenance on the unmanned aircraft system using the methods, 

techniques, and practices prescribed in Between the Peaks Aviation's Proprietary Flight Operations and 

Procedure Manual. Furthermore, Between the Peaks Aviation will document and maintain all 

maintenance, overhaul and modification records for its UAS. 

Between the Peaks Aviation has mitigated risks to the public and property in the NAS and on the ground 

in the design and operations of its UAS. As such, Between the Peaks Aviation has considered that risk of 

injury to persons or property and has established protocols to mitigate and / or eliminate such risk. 

Between the Peaks Aviation has implemented procedures to ensure that the proposed UAS and its 

operation will not impede or divert other NAS operations. 

The policies and procedures in place by Between the Peaks Aviation and the equipment utilized on the 

UAS for Risk Mitigation and interference with the NAS, provide an Acceptable Level of Safety (ALoS) 

that rivals full scale aircraft operations.

Between the Peaks Aviation submits that the requested relief under Section 333 is proper in consideration 

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

and limitations by Between the Peaks Aviation, that an equivalent level of safety will be ensured. 

Between the Peaks Aviation in all flight operations will comply with airspace rules. Flight operations 

will not impede, delay or divert any other aircraft as the Between the Peaks Aviation flight operations will 

be conducted below 400 feet AGL. Any operations in airspace controlled by a control tower, will be 

coordinated with the tower to ensure there are no hazards to the NAS. A Letter of Authorization will be 

procured from appropriate airport managers to ensure compliance with airspace and ATC operations. 

Between the Peaks Aviation will adhere to all airspace rules. 

Class A No Operations Allowed 

Class B No Operations Allowed 

Class C per 91.130 

Class D per 91.219 

Class E per 91.127 

Class G per 91.126 
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Between the Peaks Aviation has implemented procedures to address flight termination plans in the 

unlikely event of an unrecoverable system failure. As flight operation locations will vary considerably, 

Flight Termination Points (FTP's) will vary for each location (typically FTP's will be the point of 

departure). Each flight operations site will be assessed for acceptable risk FTP's (in order as follows); 

 Airspace classification 

 Risk to NAS operations 

 Risk impedance, delay or diversion of other aircraft due to flight operations 

 Risk to persons or property on the ground 

 Site assessment to determine hazards that could cause an unrecoverable system failure 

Lost Link Points (LLP's) will be established at each flight operations site. The flight control systems 

integrated into Between the Peaks Aviation's UAS has redundant lost link or Fail Safe procedures that in 

the event of a lost link, the UAS will return to the origination point. This origination point is the point at 

which the UAS departs the takeoff position and is recorded automatically as soon as the UAS leaves the 

ground. 

All flight operations sites will be assessed for Divert / Contingency Points (DCP's). Typically, most 

flight operations sites will have the same DCP as LLP as operations will be conducted in very close 

proximity to the departure point. For a flight operations sites that are much larger, a DCP will be assessed 

on the salient features of each site. 

A graphic representation on a sectional chart for LLP's and/or DCP's is not feasible due to the wide areas 

of operations. As such, other contingencies to mitigate risk have been implemented by Between the 

Peaks Aviation and integrated into its UAS. 

Redundant and separate flight controls for direct pilot intervention have been incorporated. The primary 

flight control system, made up of a traditional radio control transmitter for direct pilot intervention and a 

redundant independent and separate set of full flight controls operating on a different frequency located at 

the Ground Station. Should a lost link incident occur with the primary flight control system, the PIC can 

immediately transfer to the ground station to resume flight control. The ground station is considered part 

of the "cockpit" and the PIC will be conducting all flight operations in very close proximity to the Ground 

Station as this is where the secondary set of telemetry flight data is received. (The PIC also has flight 

data transmitted directly to the primary control transmitter). 

In all operations, Risk Mitigation plans have been implemented to mitigate the risk of collision with other 

aircraft. 14 CFR 91.113 will be adhered to at all times. Flight separation distances of at least one 

thousand (1000) feet will always be maintained per 91.111 and 91.13. With direction of appropriate air 

traffic control authorities and the interaction of the PIC and the VO as well as a transponder, telemetry 

feedback from the AHRS and synthetic vision, to sense and avoid other aircraft and other hazards that 

may exist or appear, the risk level has been eliminated to any other aircraft operating in the NAS. 

To mitigate the risk to persons and or property on the ground, an emergency recovery parachute system 

(ballistic parachute) has also been incorporated into the UAS that allows the UAS to safely return to 
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ground in the event of a loss of link, or any other unrecoverable system failure. The ballistic parachute 

recovery system allows for the UAS to descend at a very slow rate to minimize and / or eliminate any 

damage to persons and / or property on the ground. There have been many incidences recently of ballistic 

parachutes in full scale aircraft being deployed and being credited with saving lives and reducing if not 

eliminating the damage on the ground. The UAS operated by Between the Peaks Aviation, being a much 

smaller and lighter aircraft, all but eliminates the risk of damage to persons and property. 

In the air, Between the Peaks Aviation's UAS has integrated an ADS-B transponder on the UAS to ensure 

that flight operations are compliant with airspace rules. Communication with ATC will be used per all 

regulations and agreements reached with appropriate airport authorities. Flight Service Stations (FSS) 

will be contacted to ensure that NOTAM's are in place prior to flight operations. The UAS is also 

equipped with anti-collision lights and navigation lights to assist other aircraft in observing the UAS 

operating in the airspace. As the UAS will be flying below four hundred (400) feet AGL, there should 

never be a situation that requires an avoidance maneuver. Should an avoidance maneuver become 

necessary adherence to 91.113 will be primary as to maintain consistency in airspace operations. 

All phases of flight with the UAS are critical, as such 14 CFR 135.100 Flight crewmember duties will be 

strictly enforced. The areas surrounding where the PIC and the VO are working, including the ground 

station will be segregated from any non-participating individuals to ensure that distractions are kept at a 

minimum during all critical phases of flight. 

The S1000 UAS that will be operated by Between the Peaks Aviation 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. 

Conclusion

As set forth herein, Between the Peaks Aviation seeks an exemption pursuant to 14 C.F.R. §§ 11.61 and 

Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit the safe 

operation of its S1000 UAS commercially, without an airworthiness certificate, for the limited purpose of 

conducting aerial acquisitions over certain areas of the United States. By granting this Petition, the FAA 

Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 

2012, while also advancing the interests of the public. 

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and 

Reform Act of 2012, Section 333, Between the Peaks Aviation respectfully requests that the 

Administrator grant this Petition for an exemption from the requirements of 14 C.F.R §§ 35 Part 21; and 

91.7; 91.103(b); 91.109; 91.119; 91.121; 91.151; 91.405(a); 91.407(a)(1); 91.409(a)(1) & (a)(2); AND 

91.417(a) &(b); 91.7(a) to permit Between the Peaks Aviation to operate its S1000 UAS in the NAS for 

the purpose of safely, efficiently, and economically utilizing unmanned aircraft for aerial data acquisition, 

photography and film work in the areas of Construction, Agriculture, Infrastructure, Real Estate, and 

other applicable areas.