Rupprecht Law P. A. 

2811 Grande Parkway, Suite 113 | Palm Beach Gardens, FL 33410 

P: (561) 222-6979 | E: jon@jrupprechtlaw.com | W: www.jrupprechtlaw.com 

March 29, 2016

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE, 

West Building Ground Floor, Room W12-140,

Washington, DC 20590

Petition for Full Grant of Exemption to Allow Night Operations

Mechanikids, LLC dba Red Raptor petitions for an exemption from the listed Federal Aviation 

Regulations (“FAR’s”) to conduct Unmanned Aircraft (“UA”) operations at night. The authority for the 

FAA to grant this petition is from 14 C.F.R. Part 11 and Section 333 of the FAA Modernization and Reform 

Act of 2012. 

I. QUICK REFERENCE SUMMARY

 This exemption is amending to allow for night operations. All the underlying restrictions from the 

stock summary grants are the same. 

 All the manuals will be sent in confidentially because they are considered proprietary under 14 

CFR 11.35 (b) and Petitioner argues they should be protected under 5 U.S.C. § 552 et. seq.

II. TABLE OF CONTENTS AND THE SPECIFIC REGULATIONS

WHICH THE PETITIONER IS REQUESTING ADDITIONAL RELIEF

FROM

TABLE OF CONTENTS

I. QUICK REFERENCE SUMMARY ....................................................................................................... 1

II. TABLE OF CONTENTS AND THE SPECIFIC REGULATIONS WHICH THE PETITIONER IS 

REQUESTING ADDITIONAL RELIEF FROM....................................................................................... 1

III. PETITIONER’S CONTACT INFO:..................................................................................................... 3

IV. THE EXTENT OF RELIEF THE PETITIONER IS SEEKING .......................................................... 3

V. REASONS WHY GRANTING THIS PETITION WOULD BE IN THE PUBLIC INTEREST........ 15
Page 2 of 26

A. Lives Can Be Saved in Multiple Industries by Allowing Night Operations.............................. 15

B. Search and Rescue or Fire Fighting Operations Need to Be Conducted at Night ..................... 16

C. Unmanned Aircraft Flight Operations Are Overall Safer .......................................................... 16

D. Operations at night will allow certain inspections to be performed safely that could never be 

performed during the day....................................................................................................................... 17

VI. REASONS WHY THE PETITIONER IS SEEKING RELIEF FROM THE REGULATIONS AND 

WHY THE EXEMPTION WOULD PROVIDE AN EQUIVALENT LEVEL OF SAFETY.................. 18

A. Regulations Which Have Been Addressed in Previous Exemptions, but Not Regarding Night 

Operations, which Petitioner Requires Additional Relief. .................................................................... 18

1. 14 C.F.R. § 61.101(e)(6); § 61.315(a) Recreational and Sport Pilot Night Limitations. ......... 18

2. 14 C.F.R. § 91.151(b) Fuel Requirements for Flight in VFR Conditions. ................................. 19

B. Regulations Previously Exempted in Prior Exemptions and the Petitioner Does Not Request 

Additional Relief. .................................................................................................................................. 20

1. 14 C.F.R. § 61.23(a) & (c): Medical Certificates....................................................................... 20

2. 14 C.F.R. § 61.101(e)(4) & (5): Recreational Pilot Privileges and Limitations, 14 C.F.R. § 

61.113 (a): Private Pilot Privileges and Limitations; 14 C.F.R. § 61.315(a): Sport Pilot 

Limitations. ................................................................................................................................ 20

3. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness. ..................................................................... 21

4. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes........................................................................ 21

5. 14 C.F.R. § 91.121: Altimeter Settings. ..................................................................................... 23

6. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions. ................................ 23

7. 14 C.F.R. § 91.405 (a); § 91.407 (a)(1); § 91.409 (a)(1)& (2); § 91.417(a) & (b): Maintenance 

Inspections ................................................................................................................................. 24

VII. FEDERAL REGISTER SUMMARY................................................................................................ 24

VIII. OPERATING DOCUMENTS.......................................................................................................... 25

IX. STATUTORY AUTHORITY TO GRANT THIS PETITION ............................................................ 25

X. CONCLUSION.................................................................................................................................... 26
Page 3 of 26

III. PETITIONER’S CONTACT INFO:

Mechanikids, LLC dba Red Raptor

2811 Grande Parkway, Suite 113

Palm Beach Gardens, FL 33410

Legal Counsel for Petitioner

Rupprecht Law, P.A.

2811 Grande Parkway, Suite 113

Palm Beach Gardens, Florida 33410 

jon@jrupprechtlaw.com

IV. THE EXTENT OF RELIEFTHE PETITIONER IS SEEKING

The Petitioner proposes these restrictions and believes that these limitations provide an equivalent 

level of safety, if not greater, as the FAR’s presently imposed upon the Petitioner. Except for restrictions 

33 - 41, restrictions 1-32 are exactly the same as the current exemption being given out.

1. The operator is authorized by this grant of exemption to use any aircraft identified on the List 

of Approved Unmanned Aerial Systems (UAS) under Section 333 at regulatory docket FAA–

2007–3330 at www.regulations.gov, when weighing less than 55 pounds including payload. 

Proposed operations of any aircraft not on the list currently posted to the above docket will 

require a new petition or a petition to amend this exemption.

2. If operations under this exemption involve the use of foreign civil aircraft, the operator must 

obtain a Foreign Aircraft Permit pursuant to 14 CFR § 375.41 prior to conducting any 

commercial air operations under the authority of this exemption. Application instructions are 

specified in 14 CFR § 375.43. Applications should be submitted by electronic mail to the DOT 

Office of International Aviation, Foreign Air Carrier Licensing Division. Additional 
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information can be obtained at https://cms.dot.gov/policy/aviation-policy/licensing/foreigncarriers.

3. PIC certification: Under this exemption, a PIC must hold either an airline transport,

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current 

FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of 

Columbia, Puerto Rico, a territory, a possession, or the Federal Government. The PIC must 

also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which 

the PIC is rated on his or her pilot certificate.

4. PIC qualifications: The PIC must demonstrate the ability to safely operate the UAS in a manner 

consistent with how it will be operated under this exemption, including evasive and emergency 

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

structures before operating non-training, proficiency, or experience-building flights under this 

exemption. PIC qualification flight hours and currency may be logged in a manner consistent 

with 14 CFR § 61.51(b), however UAS pilots must not log this time in the same columns or 

categories as time accrued during manned flight. UAS flight time must not be recorded as part 

of total time.

5. Under all situations, the PIC is responsible for the safety of the operation. The PIC is also 

responsible for meeting all applicable conditions and limitations as prescribed in this 

exemption and ATO-issued COA, and operating in accordance with the operating documents. 

All training operations must be conducted during dedicated training sessions and may or may 
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not be for compensation or hire. The operation must be conducted with a dedicated visual 

observer (VO) who has no collateral duties and is not the PIC during the flight. The VO must 

maintain visual sight of the aircraft at all times during flight operations without distraction in 

accordance with the conditions and limitations below. Furthermore, the PIC must operate the 

UA not closer than 500 feet to any nonparticipating person without exception.

6. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The

exemption holder may use either groundspeed or calibrated airspeed to determine compliance 

with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than 

the maximum UA operating airspeed recommended by the aircraft manufacturer.

7. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). 

Altitude must be reported in feet AGL.

8. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This 

requires the PIC to be able to use human vision unaided by any device other than corrective 

lenses, as specified on the PIC’s FAA-issued airman medical certificate or U.S. driver’s 

license.

9. All operations must utilize a VO. The UA must be operated within the VLOS of the PIC and 

VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC 

always maintains VLOS capability. The VO and PIC must be able to communicate verbally at 

all times; electronic messaging or texting is not permitted during flight operations. The PIC 
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must be designated before the flight and cannot transfer his or her designation for the duration 

of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

10. This exemption, the List of Approved Unmanned Aerial Systems (UAS) under Section 333 at 

regulatory docket FAA–2007–3330 at www.regulations.gov, and all documents needed to 

operate the UAS and conduct its operations in accordance with the conditions and limitations 

stated in this grant of exemption, are hereinafter referred to as the operating documents. The 

operating documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and limitations in 

this exemption and the procedures outlined in the operating documents, the conditions and 

limitations herein take precedence and must be followed. Otherwise, the operator must follow 

the procedures as outlined in its operating documents. The operator may update or revise its 

operating documents. It is the operator’s responsibility to track such revisions and present 

updated and revised documents to the Administrator or any law enforcement official upon 

request. The operator must also present updated and revised documents if it petitions for 

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

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

operator must petition for an amendment to its grant of exemption. The FAA’s UAS Integration 

Office may be contacted if questions arise regarding updates or revisions to the operating 

documents.
Page 7 of 26

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight 

characteristics, e.g., replacement of a flight critical component, must undergo a functional test 

flight prior to conducting further operations under this exemption. Functional test flights may 

only be conducted by a PIC with a VO and must remain at least 500 feet from other people. 

The functional test flight must be conducted in such a manner so as to not pose an undue hazard 

to persons and property.

12. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a 

condition for safe operation.

13. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS is in 

a condition for safe flight. The pre-flight inspection must account for all potential 

discrepancies, e.g., inoperable components, items, or equipment. If the inspection reveals a 

condition that affects the safe operation of the UAS, the aircraft is prohibited from operating 

until the necessary maintenance has been performed and the UAS is found to be in a condition 

for safe flight.

14. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, 

inspection, and life limit requirements for the aircraft and aircraft components.

15. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

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

must be conducted under visual meteorological conditions (VMC). Flights under special visual 

flight rules (SVFR) are not authorized.
Page 8 of 26

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from 

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

18. For tethered UAS operations, the tether line must have colored pennants or streamers attached 

at not more than 50 foot intervals beginning at 150 feet above the surface of the earth and 

visible from at least 1 mile. This requirement for pennants or streamers is not applicable when 

operating exclusively below the top of and within 250 feet of any structure, so long as the UA 

operation does not obscure the lighting of the structure.

19. For UAS operations where GPS signal is necessary to safely operate the UA, the PIC must 

immediately recover/land the UA upon loss of GPS signal.

20. If the PIC loses command or control link with the UA, the UA must follow a pre-determined 

route to either reestablish link or immediately recover or land.

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 5 minutes or with the reserve power recommended by the 

manufacturer if greater.

22. The PIC must abort the flight operation if circumstances or emergencies that could potentially 

degrade the safety of persons or property arise. The PIC must terminate flight operations 

without causing undue hazard to persons or property in the air or on the ground.

23. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations 

shall be conducted in accordance with an ATO-issued COA. The exemption holder may apply 
Page 9 of 26

for a new or amended COA if it intends to conduct operations that cannot be conducted under 

the terms of the enclosed COA.

24. All aircraft operated in accordance with this exemption must be registered in accordance with 

14 CFR part 47 or 48, and have identification markings in accordance with 14 CFR part 45, 

Subpart C or part 48. For applicability and implementation dates of part 48 see 80 FR 78594

(Dec. 16, 2015).

25. Documents used by the operator to ensure the safe operation and flight of the UAS and any 

documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the 

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

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

26. The UA must remain clear and give 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. All flight operations must be conducted at least 500 feet from all persons, vessels, vehicles, 

and structures unless when operating:

a. Over or near people directly participating in the operation of the UAS. People directly 

participating in the operation of the UAS include the PIC, VO, and other consenting 

personnel that are directly participating in the safe operation of the UA.

b. Near but not over people directly participating in the intended purpose of the UAS 

operation. People directly participating in the intended purpose of the UAS must be briefed 
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on the potential risks and acknowledge and consent to those risks. Operators must notify 

the local Flight Standards District Office (FSDO) with a plan of activities at least 72 hours 

prior to flight operations.

c. Near nonparticipating persons. Except as provided in subsections (a) and (b) of this 

section, a UA may only be operated closer than 500 feet to a person when barriers or 

structures are present that sufficiently protect that person from the UA and/or debris or 

hazardous materials such as fuel or chemicals in the event of an accident. Under these 

conditions, the operator must ensure that the person remains under such protection for the 

duration of the operation. If a situation arises where the person leaves such protection and 

is within 500 feet of the UA, flight operations must cease immediately in a manner that 

does not cause undue hazard to persons.

d. Near vessels, vehicles and structures. Prior to conducting operations the operator must 

obtain permission from a person with the legal authority over any vessels, vehicles, or 

structures that will be within 500 feet of the UA during operations. The PIC must make a 

safety assessment of the risk of operating closer to those objects and determined that it does 

not present an undue hazard.

29. All operations shall be conducted over private or controlled-access property with permission 

from a person with the legal authority to grant access. Permission will be obtained for each 

flight to be conducted.
Page 11 of 26

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 within 24 hours. Accidents and incidents must be reported to the National 

Transportation Safety Board (NTSB) in accordance with 49 CFR § 830.5 per instructions 

contained on the NTSB Web site: www.ntsb.gov. For operations conducted closer than 500 

feet to people directly participating in the intended purpose of the operation, not protected by 

barriers, the following additional conditions and limitations apply:

31. The operator must have an operations manual that contains at least the following items, 

although it is not restricted to these items.

a. Operator name, address, and telephone number.

b. Distribution and Revision. Procedures for revising and distributing the operations 

manual to ensure that it is kept current. Revisions must comply with the applicable 

conditions and limitations in this exemption.

c. Persons Authorized. Specify criteria for designating individuals as directly participating 

in the safe operation of the UAS. The operations manual must include procedures to ensure 

that all operations are conducted at distances from persons in accordance with the 

conditions and limitations of the exemption.

d. Plan of Activities. The operations manual must include procedures for the submission of 

a written plan of activities.
Page 12 of 26

e. Permission to Operate. The operations manual shall specify requirements and procedures 

that the operator will use to obtain permission to operate over property or near vessels, 

vehicles, and structures in accordance with this exemption.

f. Security. The manual must specify the method of security that will be used to ensure the 

safety of nonparticipating persons. This should also include procedures that will be used to 

stop activities when unauthorized persons, vehicles, or aircraft enter the operations area, or 

for any other reason, in the interest of safety.

g. Briefing of persons directly participating in the intended operation. Procedures must be 

included to brief personnel and participating persons on the risks involved, emergency 

procedures, and safeguards to be followed during the operation.

h. Personnel directly participating in the safe operation of the UAS Minimum 

Requirements. In accordance with this exemption, the operator must specify the minimum 

requirements for all flight personnel in the operating manual. The PIC at a minimum will 

be required to meet the certification standards specified in this exemption.

i. Communications. The operations manual must contain procedures to provide 

communications capability with participants during the operation. The operator can use 

oral, visual, or radio communications as along as the participants are apprised of the current 

status of the operation.
Page 13 of 26

j. Accident Notification. The operations manual must contain procedures for notification 

and reporting of accidents in accordance with this exemption. In accordance with this 

exemption, the operating manual and all other operating documents must be accessible to 

the PIC during UAS operations.

32. At least 72 hours prior to operations, the operator must submit a written Plan of Activities to 

the local FSDO having jurisdiction over the proposed operating area. The Plan of Activities 

must include at least the following:

a. Dates and times for all flights. For seasonal or long-term operations, this can include the 

beginning and end dates of the timeframe, the approximate frequency (e.g., daily, every 

weekend), and what times of the day operations will occur. A new plan of activities must 

be submitted prior to each season or period of operations.

b. Name and phone number of the onsite person responsible for the operation.

c. Make, model, and serial or N-Number of each UAS to be used.

d. Name and certificate number of each UAS PIC involved in the operations.

e. A statement that the operator has obtained permission from property owners. Upon 

request, the operator will make available a list of those who gave permission.

f. Signature of exemption holder or representative stating the plan is accurate.

g. A description of the flight activity, including maps or diagrams of the area over which 

operations will be conducted and the altitudes essential to accomplish the operation. 
Page 14 of 26

In accordance with this exemption, the Plan of Activities and all other operating documents must be 

accessible to the PIC during UAS operations. A new Plan of Activities must be submitted should there be 

any changes to items (a) through (g). 

If operations are to be conducted at night, as defined in 14 CFR § 1.1, restrictions 33 - 41 apply,

as well as any restrictions in the proposed operating documents, in lieu of restriction 16.

33. Only the aircraft with the submitted AFM will be used for night flying. 

34. The aircraft is to be equipped with the lights required in 14 C.F.R. § 91.209.

35. The aircraft must be modified according to the AFM so as to comply with the color, position, 

and intensity of the lights prescribed. 

36. If a sport or recreational pilot is being used, they are required to read the night training material 

in the manuals.

37. The takeoff/landing area will be lit by either a landing light on the aircraft or ground lights.

38. The PIC and VO will begin night adaptation at least 45 minutes before the start of operations.

39. Before operations begin, there must be an obstruction walk around inspecting the flying area, 

as best as possible, to look for unlit objects that might cause flight hazards such as powerlines, 

tree branches, and telephone wires. The inspection of the area must include identifying 

alternative landing sites in case of an emergency. 

40. Operations needing to be performed within 500ft of individuals at night must be done 

according to the operations manual.
Page 15 of 26

41. The PIC must have at least 3 hours of night flying experience before conducting commercial 

operation.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations 

must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.

V. REASONS WHY GRANTING THIS PETITION WOULD BE IN THE

PUBLIC INTEREST

A. Lives Can Be Saved in Multiple Industries by Allowing Night Operations

Currently, no individuals or businesses have received an exemption to conduct UA commercial flights 

at night. This is very unfortunate as many more risks are created at night for search and rescue, firefighting, 

roof inspections, etc. that are not present during the day. Individuals have the choice of either completing 

the tasks at hand on foot as best as they can or hire a commercial manned helicopter to perform the 

operations. Operations at night, for people on foot or in manned helicopters are more dangerous because 

the probability of an accident is much greater and the potential to mitigate is much less (E.g. you can’t see 

where you fall and you cannot see where to auto rotate if there is a helicopter engine failure.) This puts 

people on the ground and in the air at a greater risk for serious injury or death. 

The preliminary data for 2014 showed that roofers had high fatal accident rate per 100,000 workers of 

46.2 deaths with pilots and flight engineers having an even higher of 63.2.1 Both of these groups, as well 

 

1 http://www.bls.gov/news.release/pdf/cfoi.pdf at page 4. 
Page 16 of 26

as many more, would be benefited by allowing unmanned aircraft to perform the same dangerous jobs of 

operating at night.

B. Search and Rescue or Fire Fighting Operations Need to Be Conducted at Night

Problems are inconvenient by nature. One major inconvenience is that they sometimes happen in the 

evening and go late into the night. Local search and rescue or emergency response cannot currently 

contract with civilian air assets because current exemptions limit 333 operators from flying at night. 

Granting this exemption will allow search and rescue or local emergency response to full utilize civilian 

air assets as opposed to putting emergency response or fire fighters at risk. 

The Petitioner is aware of the 24 hour NOTAM requirement in the blanket COA; however, even if 

this was not removed by an ECOA, night operations could be conducted the second night. 

C. Unmanned Aircraft Flight Operations Are Overall Safer

There are no pilots on board the UA and due to the small size of the UA, there is less risk posed to the 

public on the ground in case of an emergency. If the aircraft needs to be sacrificed somewhere safe, the 

aircraft can be sacrificed because there is no one on aboard. 

The UA have multiple motors while most manned aircraft have only one engine; thus, there is some 

motor redundancy for some UA in case of a motor malfunction. Also, the lower cost nature of these aircraft 

means you can more easily purchase completely new equipment which lessens the chances for equipment 

failure due to fatigue. 

The UA are much safer than traditional helicopters because instead of having to ferry the helicopter 

from the airport all the way to the shooting location in the air over people and buildings and back to the 
Page 17 of 26

airport, a UA can be transported by ground vehicle. This greatly benefits the public because it minimizes 

the amount of time that the UA is required to fly in the air to get the job completed.

Manned airplanes and helicopters produce great amounts of noise pollution disrupting the quiet 

enjoyment of private property of the public on the ground. UA are much quieter and will not disrupt the 

public as much as manned aircraft; thus, the public will benefit from a reduction in noise pollution.

In addition to the noise pollution reduction, engine or turbine powered aircraft produce exhaust which 

affects the environment, while the UA of the petitioner are electric and do not produce any emission. The 

byproduct of 100LL emissions is lead entering the air the public breathes while electric motors produce 

none. The environment and the public are benefited by the use of UA.

UA use batteries for power which are not as flammable and explosive as 100LL or Jet A. If there was 

an emergency where the UA crashed, there is less of a chance for individuals being injured from an 

explosion or fire. UA also use smaller propellers than manned helicopters which will cause far less damage 

in the case of a crash than the “grenading” that typically happens during a manned helicopter crash.

Lastly, the UA will be operated at lower altitudes than most manned aircraft. This vertical separation 

greatly reduces the chance of a mid-air collision.

D. Operations at night will allow certain inspections to be performed safely that 

could never be performed during the day. 

A prime example is roof inspections. The inspector has to wait until evening to inspect for the 

temperature differential in the wet spots of the roof (warmer) versus the dry spots of the roof (cooler). 

This puts many inspectors at risk who have to climb on ladders at night or walk around on roofs at night. 
Page 18 of 26

Additionally, certain wildlife monitoring can only be done at night when the animals are active, such 

as with monitoring endangered sea turtles coming ashore at night to lay their eggs. 

VI. REASONS WHY THE PETITIONER IS SEEKING RELIEF FROM

THE REGULATIONS AND WHY THE EXEMPTION WOULD

PROVIDE AN EQUIVALENT LEVELOF SAFETY

The regulations in this petition will be broken up into two sections: (1) regulations which have been 

addressed in previous exemptions, but not regarding night operations, which Petitioner requires 

additional relief and (2) regulations previously exempted in prior exemptions and the petitioner does not

request additional relief.

A. Regulations Which Have Been Addressed in Previous Exemptions, but Not 

Regarding Night Operations, which Petitioner Requires Additional Relief.

1. 14 C.F.R. § 61.101(e)(6); § 61.315(a) Recreational and Sport Pilot Night Limitations. 

In Exemption # 11221, # 11284, and many others the FAA has declared that requiring the PIC to 

“hold either an airline transport, commercial, private, recreational, or sport pilot certificate” provides 

an equivalent level of safety as the regulations. All of these provide for day flight training but sport and 

recreational pilot licenses lack the ability to operate at night. 

Section 61.101 says, “Except as provided in paragraphs (d) and (i) of this section, a recreational 

pilot may not act as pilot in command of an aircraft . . . Between sunset and sunrise[.]” Section

61.315 says, “You may not act as pilot in command of a light-sport aircraft . . . [a]t night.”
Page 19 of 26

An equivalent level of safety can be provided by requiring all sport and recreational pilots and VOs 

operating under the restrictions in this petition and to complete the material in the night operations 

section of the manuals provided.

2. 14 C.F.R. § 91.151(b) Fuel Requirements for Flight in VFR Conditions.

Previous exemptions have been for 91.151(a) but the Petitioner is asking for an exemption from 

91.151(b). This regulation says, “No person may begin a flight in a rotorcraft 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, to fly after that for at least 20 minutes.” The 

multicopters being flown by the Petitioner are rotorcraft2and are subject to the burdensome 20 minute 

requirement. 

An equivalent level of safety can be produced by the petitioner operating under the manuals as well 

as keeping a 5 minute flight reserve on the batteries. 

 

2 14 C.F.R. § 1.1 says, “Rotorcraft means a heavier-than-air aircraft that depends principally for its support in flight on the 

lift generated by one or more rotors.”
Page 20 of 26

B. Regulations Previously Exempted in Prior Exemptions and the Petitioner Does

Not Request Additional Relief.

1. 14 C.F.R. § 61.23(a) & (c): Medical Certificates

The reason why the Petitioner is seeking relief from 61.23(a) & (c) is because Exemptions # 

11221, # 13567, and many others have determined that a U.S. driver’s license being used in lieu of a

medical certificate provides an equivalent level of safety as sub-sections (a) and (c). 

Therefore, since the proposed restrictions have already been determined by the FAA to provide 

an equivalent level of safety, the Petitioner is seeking the same exact restrictions as other previously 

granted exemptions to allow for commercial operations using at a minimum either a third-class 

medical or a driver’s license with an airman certificate.

2. 14 C.F.R. § 61.101(e)(4) & (5): Recreational Pilot Privileges and Limitations, 14 C.F.R. § 

61.113 (a): Private Pilot Privileges and Limitations; 14 C.F.R. § 61.315(a): Sport Pilot 

Limitations.

In Exemption # 11221, # 11284, and many others the FAA has declared that requiring the PIC to “hold 

either an airline transport, commercial, private, recreational, or sport pilot certificate”

4

provides an 

equivalent level of safety as the regulations. Likewise, the petitioner is asking for the same restriction for 

daylight operations.

 

4 Habana Avenue, LLC dba Fly Habana, Exemption No. 11284 at 4.
Page 21 of 26

3. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness.

Section 333 allows the FAA to determine if the Petitioner’s UA will need an airworthiness 

certificate to be compliant. The restrictions and procedures contained in the confidentially submitted 

manuals will be sufficient for determining the airworthiness of the aircraft. The restrictions proposed 

will require the PIC to conduct a pre-flight check to determine airworthiness and the operator to be 

“responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe 

operation.”5 The referenced manuals along with the restrictions obligating the PIC and operator to 

check and ensure the UA will provide “sufficient means for determining an airworthy condition in 

accordance with § 91.7(a).”

6 Therefore, the Petitioner seeks relief to operate under the proposed 

restrictions and the manuals because they will provide an equivalent level of safety as the regulations.

4. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes.

Section 91.119, sub-section (c) requires the petitioner to operate at “[a]n 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.”

7 This regulation is 

impractical because it would require the Petitioner to operate at 500ft above the ground for many 

operations. This is a burdensome problem because many of the objects that need photographing will 

all be at least 500ft away and the photos or video obtained would be almost completely useless.

 

5 Proposed Restriction 9.

6 Clayco Exemption No. 11109 at 13.

7 14 C.F.R. § 91.119(c).
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The Petitioner proposes to operate within the restrictions given in the Clayco Exemption which 

the FAA has previously determined will provide an equivalent level of safety. “[A]ll persons not 

essential to flight operations (nonparticipating persons) must remain at appropriate distances. In open 

areas this requires the UA to remain 500 feet from all persons other than essential flight personnel 

(i.e. the PIC and VO). . . . If barriers or structures are present that can sufficiently protect 

nonparticipating persons from debris in the event of an accident then the UA may operate closer than 

500 feet to persons afforded such protection. The operator must ensure that nonparticipating persons 

remain under such protection. If a situation arises where nonparticipating persons leave such 

protection and are within 500 feet of the UA, flight operations must cease immediately. . . . 

[O]perations may be conducted closer than 500 feet to vessels, vehicles and structures when the land 

owner/controller grants such permission and the PIC makes a safety assessment of the risk of 

operating closer to those objects.”

8 Our proposed restrictions will classify the flight instructor and the 

student as essential persons under restriction 26. The student can be PIC, sport certificate or higher, 

and receive instruction from a certificated flight instructor or the flight instructor can be PIC and be 

giving instruction to a non-certificated student. Whoever is PIC must be complying with restriction 

13. The restrictions will provide an equivalent level of safety as the regulations.

 

8 Clayco Exemption No. 11109, at page 15.
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5. 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.”

9 Many UA do not have an altimeter but use GPS to determine height.

Furthermore, the cost of installing an altimeter will be financially burdensome.

An equivalent level of safety can be achieved by the operator, pursuant to following the manuals and

restrictions and using a GPS instead of an altimeter. Furthermore, the Clayco petition and many other 

petitions have been granted allowing GPS to be used in lieu of an altimeter.

6. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions.

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

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

point of intended landing, and, assuming normal cruising speed - (1) During the day, to fly after that for 

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

10 Most unmanned aircraft 

cannot fly longer than 30 minutes; therefore, most would always be violating this regulation if they took 

off. The Petitioner believes that an equivalent level of safety can be achieved by restricting operations to 

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

recommended by the manufacturer if greater.”

11

 

 

9 14 C.F.R. § 91.121.

10 14 C.F.R. § 91.151(a).

11 Habana Avenue, LLC dba Fly Habana, Exemption No. 11284, at page 5.
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7. 14 C.F.R. § 91.405 (a); § 91.407 (a)(1); § 91.409 (a)(1)& (2); § 91.417(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”

12 and 

maintain the aircraft in compliance with Part 43. These regulations do not apply because the FAA has 

authority under Section 333 to determine the unmanned aircraft listed do not need an airworthiness 

certificate. Since there is no airworthiness certificate to maintain, Part 43 does not apply.

An equivalent level of safety to Part 43 will be achieved because small UA are very limited in size and 

will carry a small payload and operate only in restricted areas for limited periods of time. Moreover, the 

Petitioner is the best suited to maintain the aircraft in an airworthy condition to provide the equivalent 

level of safety as Part 43. Lastly, the petitioner will operate in accordance with the manuals which will 

provide an equivalent level of safety as the burdensome regulations.

VII. FEDERAL REGISTER SUMMARY

As required by 14 C.F.R. Part 11, below is provided a summary of the petition to be published in the 

Federal Register should it be determined that publishing is needed.

 

12 14 C.F.R. § 91.405(a).
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The Petitioner is seeking an exemption from the following rules:

14 C.F.R. 61.23(a) & (c); 61.101(e)(4),(5), & (6); 61.113(a); 61.315(a); 91.7(a), 91.119(c); 91.121; 

91.151(a)(1) and (b); 91.405(a); 91.407(a)(1); 91.409(a)(1) & (2); and 91.417(a) & (b). to operate 

an unmanned aircraft, weighing 55 pounds or less, commercially for aerial data collection

operations and closed-set TV/movie filming at night using the DJI Inspire 1, DJI S1000, and 

Freefly Systems Alta.

This petition for exemption is needed because lives can be saved in many industries. These many

industries can benefit by using unmanned aircraft as opposed to using manned aircraft or by

completing the operations on foot. Additionally, allowing night operations to be performed gives 

search and rescue, fire departments, and disaster response the ability to contract with civilian 

operators to benefit from the unmanned aircraft all throughout the night.

The ability to safely operate UA in lieu of hiring a manned aircraft to fulfill these missions will 

provide a far safer alternative than using a jet or piston powered aircraft because small batteries 

will be used instead of large amounts of highly flammable fuel, the UA can be transported to the 

operation location via ground vehicle as opposed to ferrying in the air, the UA will be operated at 

altitudes far below manned aircraft, and the UA will use clean electricity for power as opposed to 

100LL which has the by-product of small amounts of lead being released into the atmosphere for 

the public to breathe. The proposed restrictions contained in the petition and manuals will provide 

an equivalent level of safety as the regulations.

VIII. OPERATING DOCUMENTS

Mechanikids, LLC dba Red Raptor will operate only within the limitations above and the limitations 

listed in the confidentially submitted manuals. The limitations above will be followed if there is a conflict 

with the manuals.

IX. STATUTORYAUTHORITY TO GRANT THIS PETITION

The Federal Aviation Act gives the FAA the authority to grant exemptions. “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 finds the exemption in the public 
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interest.”

13 Furthermore, Section 333 of the FAA Modernization and Reform Act of 2012 gives the 

Secretary of Transportation the ability to consider whether the unmanned aircraft can operate in the 

national airspace until final regulations are published. Lastly, Congress directed the Secretary for the 

Department of Transportation to “establish requirements for the safe operation of such aircraft in the 

national airspace system.”

14 The FAA has already established requirements for summary grants which the

Petitioner is adopting and incorporating into our proposed operating restrictions.

X. CONCLUSION

The operation of Mechanikids, LLC dba Red Raptor using small UA, weighing less than 55 lbs., 

conducted under the proposed restrictions outlined above, will provide an equivalent level of safety as 

the burdensome regulations; therefore, this petition should be granted without delay. If I can be of any 

assistance, please do not hesitate to contact me at (561)222-6979 or at my email jon@jrupprechtlaw.com

Sincerely yours,

_____________________

Jonathan Rupprecht, Esq.

 

13 49 U.S.C. § 44701(f); accord 49 U.S.C. § 44711(b).

14 FAA Modernization and Reform Act of 2012, Pub. L. No. 112-95, § 333(c), 126 Stat. 11 (2012).