The Pope Group, LLC

15 Nutmeg Lane, North Andover MA, 01845 Page 1

March 15, 2016

Docket Management Facility 

U.S. Department of Transportation 

1200 New Jersey Ave., SE Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations

Dear Sir or Madam:

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

C.F.R. Part 11, The Pope Group, LLC an operator of Small Unmanned Aircraft Systems (“sUAS”) equipped 

to offer on-demand commercial sUAS operations for a number of varied industries and applications. 

These include:

Aerial search and rescue operational support Infrastructure inspection 

Agricultural monitoring and support Industrial refinery and manufacturer plant inspection 

Promotional Activities Accident/Incident survey and investigative support 

Utility-power transmission system inspections Private security monitoring

and patrolling 

Filmmaking, cinematography, and videography Pipeline inspection and patrolling 

Aerial surveying and mapping Wildlife and forestry monitoring 

Construction site inspection and monitoring Public Entity Support Operations 

Maritime aerial operations sUAS Consulting 

Real Estate videography and imagery Cell tower inspection

TABLE 1

Operations under the exemption will be subject to strict operating requirements and conditions to 

ensure at least an equivalent level of safety to currently authorized operations using manned aircraft 

and under conditions as may be modified by the FAA as required by Section 333.

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

(the FAA Administrator’s) responsibilities under Section 333(c) of the Reform Act to “establish 

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

The name and address of the applicant are:

The Pope Group, LLC.

Attn: David Pope

15 Nutmeg Lane

North Andover, MA 01845

Phone 978-430-4418

Email: randomwalker68@yahoo.com
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15 Nutmeg Lane, North Andover MA, 01845 Page 2

The regulations from which the exemption is requested are as follows:

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. § 91.119(c); 

14 C.F.R. § 91.151(a); 

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) & (b)

Appendix A describes each rule listed above and explains the factors exemptions pursuant to the 

proposal set forth in this letter are appropriate, provide an equivalent level of safety, and are in the 

public interest.

THE APPLICABLE LEGAL STANDARD UNDER SECTION 333

The Pope Group, LLC. submits that grant of this exemption application for use of sUAS to accomplish 

services described in Table 1 that will advance the Congressional mandate in Section 333 of the Reform 

Act to accelerate the introduction of UASs into the national airspace system (“NAS”) if it can be 

accomplished safely. This law directs the Secretary of Transportation to consider whether certain UASs 

may operate safely in the NAS before completion of the rulemaking required under Section 332 of the 

Reform Act. In making this determination, the Secretary is required to determine which types of UASs 

do not create a hazard to users of the NAS or the public or pose a threat to national security in light of 

the following:

 The UAS’s size, weight, speed, and operational capability; 

 Operation of the UAS in close proximity to airports and populated areas; and 

 Operation of the UAS within visual line of sight of the operator.

Reform Act § 333(a)(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.” Id. § 333(c) (emphasis added).

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

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

from the requirement that all civil aircraft must have a current airworthiness certificate and those 

regulations requiring commercial pilots to operate aircraft in commercial service:
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15 Nutmeg Lane, North Andover MA, 01845 Page 3

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

subsection (a) or (b) of this section or any of sections 4470244716 of this title if the Administrator finds 

the exemption is in the public interest.

49 U.S.C. § 44701(f). See also 49 U.S.C. § 44711(a); 49 U.S.C. § 44704; 14 C.F.R. § 91.203(a)(1).

The grant of the requested exemption is in the public interest based on the clear direction in Section 333 

of the Reform Act; the additional authority in the Federal Aviation Act, as amended; the strong 

equivalent level of safety surrounding the proposed operations; and the significant public benefit, 

including enhanced safety and cost savings associated with transitioning to UASs for aerial surveying and 

photography. Accordingly, the applicant respectfully requests that the FAA grant the requested 

exemption without delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The Pope Group will operate the following aircraft:

1. DJI Spreading Wings S1000

2. DJI Phantom 3

The applicant proposes that the exemption requested herein apply to civil aircraft that have the 

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

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

because the proposed operations represent a safety enhancement to operations that would be 

conducted with conventional aircraft. These conditions are drawn from Exemptions 11062 through 

11067, 11080, 11109, and 11110.

These limitations and conditions to which The Pope Group (or “operator”) agrees to be bound when 

conducting commercial operations under an FAA issued exemption include:

1. Operations of the sUAS will weighs less than fifty-five (55) pounds (the “UA” or “UAS”). Proposed 

operations of any other aircraft will require a new petition or a petition to amend this grant.6

2. The UA may not be flown at an indicated airspeed exceeding 50 knots. 

3. The UA may be operated at an altitude of no more than 400 feet above ground level (“AGL”), as 

indicated by the procedures specified in the attached manuals. All altitudes reported to Air Traffic 

Control (“ATC”) must be in feet AGL. 

4. The UA must be operated within visual line of sight (“VLOS”) of the pilot-in-command (“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. 

5. All operations must utilize a visual observer (“VO”). The VO may be used to satisfy the VLOS 

requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to 

communicate verbally at all times. The PIC must be designated before the flight and cannot transfer his 

or her designation for the duration of the flight. The PIC must ensure that the VO can perform the 

functions prescribed in the operator’s manual.
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15 Nutmeg Lane, North Andover MA, 01845 Page 4

6. The manuals must be amended to include all conditions and limitations required by the FAA. The 

manuals must be maintained and made available to the Administrator upon request. If a discrepancy 

exists between the conditions and limitations in the exemption and the procedures outlined in the 

manuals, the conditions and limitations in the exemption take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in the manuals. The operator may 

update or revise the manuals. It is the operator’s responsibility to track such revisions and present 

updated and revised documents to the Administrator upon request. The operator must also present 

updated and revised documents if it petitions for an extension or amendment of this 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 amendment to its exemption. 

7. Prior to each flight, the PIC must inspect the UAS to ensure it is in a condition for safe flight. 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. The ground control station must be included in the preflight inspection. All 

maintenance and alterations must be properly documented in the aircraft records. 

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

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

accordance with the operator’s manual. The PIC who conducts the functional test flight must make an 

entry in the UAS aircraft records of the flight. The manuals include this requirement. 

9. The preflight inspection section in the manuals includes the following requirement: the preflight 

inspection must account for all discrepancies, i.e., inoperable components, items, or equipment, not 

covered in the relevant preflight inspection sections of the operator’s manual. 

10. The operator must follow The Pope Group’s UA aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements, with particular attention to flight critical 

components that may not be addressed in the manufacturer’s manuals. 

11. Operator must carry out its maintenance, inspections, and record keeping requirements in 

accordance with the manuals. Maintenance, inspection, and alterations must be noted in the aircraft 

logbook, including total flight hours, description of work accomplished, and the signature of the 

authorized technician returning the UAS to service. 

12. The authorized technicians must receive and document training referenced in the manuals. 

13. Each UAS operated under the exemption must comply with all manufacturers system and safety 

bulletins. 

14. Operator’s maintenance personnel must make a record entry in the UAS logbook or equivalent 

document of the corrective action taken against discrepancies discovered between inspections. 

15. The PIC must possess at least a private pilot certificate and a third-class airman medical certificate. 

The PIC must also meet the flight review requirements specified in 14 C.F.R. 61.56 as to the UAS.
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15 Nutmeg Lane, North Andover MA, 01845 Page 5

16. The operator may not permit any PIC to operate unless that PIC has demonstrated through The Pope 

Group’s or the manufacturers training and currency requirements that the PIC is able to safely operate 

the UA in a manner consistent with how the UAS will be operated under this exemption, including 

evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, 

vehicles, and structures. 

17. If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined 

location within the private or controlled-access property and land or be recovered in accordance with 

the manuals. 

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

with the manuals. 

19. The PIC is prohibited from beginning a UAS flight unless (considering wind and forecast weather 

conditions) there is enough power to fly to the first point of intended landing and, assuming normal 

cruising speed, to fly after that for at least 10 minutes. 

20. The operator will file a request for a Notice to Airmen (NOTAM) not more than 72 hours in advance, 

but not less than 24 hours prior to the operation. 

21. All aircraft operated in accordance with the exemption must be identified by serial number, 

registered in accordance with 14 C.F.R. part 47, and have identification (N-Number) markings in 

accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 

22. Before conducting operations, the radio frequency spectrum used for operation and control of the 

UA must comply with the Federal Communications Commission (“FCC”) or other appropriate 

government oversight agency requirements. 

23. The documents required under 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the ground 

control station of the UAS any time the aircraft is operating. These documents must be made available 

to the Administrator or any law enforcement official upon request. 

24. The UA must remain clear and yield the right of way to all other manned operations and activities at 

all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang 

gliders, etc.). 

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

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

27. All operations shall be conducted in Class G airspace. 

28. All operations must be conducted under visual meteorological conditions (“VMC”). 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. 

29. During operations in Class G airspace, the UAS may not operate within 5 nautical miles of the 

geographic center of an airport as denoted on a current FAA-published aeronautical chart unless a letter 
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15 Nutmeg Lane, North Andover MA, 01845 Page 6

of agreement with that airport’s management is obtained, and the operation is conducted in accordance 

with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management 

must be made available to the Administrator upon request.

30. The UAS may not be operated over congested or densely populated areas unless the conditions set 

forth in #31 are satisfied. These populated areas include, but are not limited to, the yellow areas 

depicted on World Aeronautical Charts (“WAC”), Sectional Aeronautical Charts (“Sectionals”), or 

Terminal Area Charts (“TAC”). However, aeronautical charts may not reflect pertinent local information. 

Ultimately, it is the PIC’s responsibility to maintain the minimum safe altitudes required by § 91.119. 

31. Operations must be conducted at least 500 feet from all nonparticipating persons (persons other 

than the PIC or VO), vessels, vehicles, and structures unless: a. barriers or structures are present that 

sufficiently protect nonparticipating persons from debris in the event of an accident. The operator must 

ensure that nonparticipating persons remain under such protection. If a situation arises in which 

nonparticipating persons leave such protection and are within 500 feet of the UAS, flight operations 

must cease immediately; and/or b. the aircraft is operated near vessels, vehicles, or structures where 

the land owner/controller has granted permission and the PIC has made a safety assessment of the risk 

of operating closer to those objects; and c. operations near the PIC or VO do not present an undue 

hazard to the PIC or VO, per § 91.119(a). 

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

the land owner/controller or authorized representative. Permission from land owner/controller or 

authorized representative will be obtained for each flight to be conducted. 

33. In the event COAs are required, any incident, accident, or flight operation that transgresses the 

lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA’s UAS Integration Office (“AFS-80”) within 24 hours. Accidents must be reported to the 

National Transportation Safety Board (“NTSB”) per instructions contained on the NTSB Web site: 

www.ntsb.gov.

Privacy. All flights will occur over private or controlled access property with the property owner’s prior 

consent and knowledge. Inspection will be in areas where the owners will have consented to the 

inspections or otherwise have agreed to allow the UAS and the operator to be in the area where 

inspection will take place.

Summary

In summary, The Pope Group seeks an exemption from the FARs set forth in Appendix A to operate 

commercially a small unmanned vehicle (55 lbs. or less) in aerial survey and photographic operations.

Approval of this exemption for commercial aerial survey and photographic operations will enhance 

safety by reducing risk. Conventional operations, using jet or piston powered aircraft, operate at 

extremely low altitudes just feet from the subject being inspected and in extreme proximity to people 

and structures. Such manned operations present the risks associated with vehicles that weigh in excess 

of 6,000 lbs., carrying large amounts of combustible fuels. Such aircraft much fly to and from the project 

location. In contrast, a sUAS weighing fewer than fifty five (55) lbs. and powered by batteries eliminates 

virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAS 
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15 Nutmeg Lane, North Andover MA, 01845 Page 7

is carried to the area of flight and not flown. The sUAS will carry no passengers or crew and, therefore, 

will not expose them to the risks associated with manned aircraft flights.

The operation of small UASs, weighing less than fifty five (55) lbs., conducted in the strict conditions 

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

herein. These lightweight aircraft operate at slow speeds, close to the ground, and in areas that are 

under the control of the customer. As a result, they are far safer than conventional operations 

conducted with manned aircraft operating in close proximity to the ground and people.

Satisfaction of the criteria in Section 333 of the Reform Act of 2012 – size, weight, speed, operating 

capabilities, proximity to airports and populated areas, and operating within visual line of sight and 

national security – provide more than adequate justification of the grant of the requested exemptions 

allowing commercial operation of applicants UAS for the Purposes outlined herein and are consistent 

with the exemptions already granted, including Exemptions 11062 through 11067, 11080, 11109 

through 11112, and 11114.

Sincerely, 

David Pope

The Pope Group, LLC
The Pope Group, LLC

15 Nutmeg Lane, North Andover MA, 01845 Page 8

APPENDIX A

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER APPLICABLE RULES 

SUBJECT TO EXEMPTION

The Pope Group, LLC requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of the sUAS:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance 

of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area 

associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets 

the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The 

Federal Aviation Act (49 U.S.C.§44701 (f)) 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 particular 

UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an 

airworthiness certificate, in the restricted environment and under the conditions proposed will be at 

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

airworthiness certificate without the restrictions and conditions proposed. The sUAS to be operated 

hereunder is less than fifty-five (55) lbs. fully loaded, carries neither a pilot nor passenger, carries no 

explosive materials or flammable liquid fuels, and operates exclusively within a secured and designated 

area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored 

by both the operator and under the requirements and in compliance with local public safety 

requirements. The FAA will have advance notice of all operations. These safety enhancements provide a 

greater degree of safety to the public and property owners than conventional operations conducted 

with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these 

same criteria demonstrates that there is no credible threat to national security posed by the sUAS, due 

to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid 

fuels, and inability to carry a substantial external load.

14 C.F.R. §45.23 (b): Display of Marks, General

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 operator 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,” “lightsport,” “experimental,” or “provisional,” as applicable. An exemption is being sought given the size and 

design of the sUAS. The sUAS has no entrance near the cabin, cockpit or pilot station where the word 

“Experimental” letters of not less than 2 inches nor more than 6 inches high can be displayed.
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The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f). The equivalent 

level of safety will be provided by having the sUAS marked on its fuselage as required by §45.29 (f) 

where the sUAS air vehicle (AV) vehicle operator (VO), AV visual observer, and others working with the 

sUAS will see the identification of the sUAS as marked appropriately with registered aircraft markings. 

Each Pope Group sUAS air vehicle shall be registered with the FAA and the FAA aircraft registration 

number shall be placed on the air vehicle in the largest practicable manner. The FAA has issued the 

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

14 C.F.R. §61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot 

certificate may act as pilot in command of an aircraft that is carrying passengers or property for 

compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an 

aircraft. 

(b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection 

with any business or employment if: 

(1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or hire. 

Unlike a conventional aircraft that carries a pilot, passengers, and cargo, no persons or property are 

being carried by the sUAS. 

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

lack of combustible fuel) are greatly diminished from the level of risk associated with commercial 

operations contemplated by Part 61 with conventional aircraft (fixed wing or rotorcraft). 

Given these safety features, Pope Group proposes that operators of the sUas should not be required to 

hold a commercial pilot certification. Instead, operators should be required to hold only a private pilot 

certification.

14 C.F.R. §91.7(a): Civil aircraft airworthiness

(a) No person may operate a civil aircraft unless it is in an airworthy condition. 

(b) The pilot in command of a civil aircraft is responsible for determining whether that aircraft is in 

condition for safe flight. The pilot in command shall discontinue the flight when unairworthy 

mechanical, electrical, or structural conditions occur. 

No airworthiness certificates are issued for the sUAS, should this exemption be granted, no FAA

regulatory standard will exist for determining airworthiness.

Given the size of the aircraft and the requirements set forth in the sUAS manuals, an equivalent level of 

safety will be achieved by ensuring compliance prior to each flight. The FAA has granted exemptions to 

conduct similar operations in Exemptions 11062 through 11067, 11080, 11109, and 11110.
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14 C.F.R. §91.9 (b) (2): Civil Aircraft Flight Manual, Marking, and Placard requirements

(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 its size and configuration, the sUAS has no ability or place to carry such a flight manual on the 

aircraft, there is no pilot on board, and no room or capacity to carry such an item on the sUAS. The 

equivalent level of safety will be maintained by keeping the flight manual at the GCS within the reach of 

the sUAS vehicle operator for immediate access. The FAA has issued the following exemptions to this 

regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, 

and 10700.

14 C.F.R. §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 as set forth hereinabove. The PIC will take 

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

aircraft performance data before initiation of flight using appropriate checklists.

14 C.F.R. §91.109: Flight instruction; Simulated instrument flight and certain flight tests

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that 

is being used for flight instruction unless that aircraft has fully functioning dual controls

sUAV's and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight 

control is accomplished through the use of a radio transmitter that communicates with the aircraft via a 

receiver in the sUAVS. 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. The equivalent level of safety provided by the fact that neither a pilot nor 

passengers will be carried in the aircraft and by the size and speed of the aircraft.

14 C.F.R. §91.119: Minimum safe altitudes: General

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

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

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

for a SUAVS and the exemption requests authority to operate at altitudes up to 400 AGL underneath 

navigable airspace and in class E and G airspace maintaining safe separation from actual aircraft, an 

exemption may be needed to allow such operations. The equivalent level of safety will be achieved 

given the size, weight, speed of the sUAS as well as the location where it is operated. No flight' will be 

taken without the permission of the property owner or local officials. Because of the advance notice to 
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the property owner and participants in the filming activity, attempts will be made to contact all affected 

individuals regarding the planned flight operations. Compared to flight operations with aircraft or 

rotorcraft weighting far more than the maximum fifty five (55) lbs. proposed herein, and the lack of 

flammable fuel, any risk associated with these operations is far less than those presently presented with 

conventional aircraft. In addition, the low-altitude operations of the SUAVS will ensure separation 

between these sUAVS operations and the operations of conventional aircraft that must comply with 

Section 91.119.

14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to 

an altimeter that is set " ... to the elevation of the departure airport or an appropriate altimeter setting 

available before departure." As the SUAVS rnay not have a barometric altimeter, but instead a GPS 

altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the 

operator, pursuant to the Manual and Safety Check list, confirming the altitude of the launch site shown 

on the GPS altitude indicator before flight.

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

(a) No person may begin 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.

(b) 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.

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."

The Pope Group believes that an equivalent level of safety can be achieved by limiting flights to landing 

with no less than 25% of battery power remaining. This restriction would be more than adequate to 

return the sUAV to its planned landing zone from anywhere within its limited operating area. Similar 

exemptions have been granted to numerous other operations.

14 C.F.R. §91.203 (a) and (b): Civil Aircraft: Certifications required

(a) Except as provided in §91.715, no person may operate a civil aircraft unless it has within it the 

following:

(1) An appropriate and current airworthiness certificate......

(2) An effective U.S. registration certificate issued to its owner or, for operation within the United 

States, the second copy of the Aircraft registration Application as provided for in §47.31(c), or a 

registration certification issued under the laws of a foreign country.
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(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph 

(a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or 

cockpit entrance so that it is legible to passengers or crew.

The sUAS fully loaded weighs no more than 55 lbs and typically less than 20 lbs. And is operated without 

an onboard pilot. As such, there is no ability or place to carry certification and registration documents or 

to display them on the sUAS.

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, to the extent they are applicable to 

the sUAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other 

exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 C.F.R. § 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections

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

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

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

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

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

requirements of pre-flight inspection required herein, these sections will not apply to the applicant. 

Routine and pre-flight maintenance will be accomplished by the operator. An equivalent level of safety 

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

operate only in restricted areas for limited periods of time. If mechanical issues arise the sUAV can land

immediately and given its small size poses very little risk to persona or property.

The operator will ensure that the sUAV is in working order prior to initiating flight, perform required 

maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most 

familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the 

equivalent level of safety.