July 28, 2015

Exemption No. 12181

Regulatory Docket No. FAA–2015–1782

Mr. Jacob N. Anderson

1577 Lavender Lane

Traverse City, MI 49686

Dear Mr. Anderson:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter May 6, 2015, you petitioned the Federal Aviation Administration (FAA) for an 

exemption. You requested to operate an unmanned aircraft system (UAS) to conduct aerial 

acquisition and research.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is the DJI Phantom Vision 2.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 
2

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Mr. Jacob N. Anderson is granted an exemption from 

14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 

91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to 

the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. 

This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Mr. Jacob N. Anderson is hereafter referred to as the operator.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
3

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 

Vision 2 when weighing less than 55 pounds including payload. Proposed operations 

of any other aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. 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.

4. 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.

5. 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.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (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 

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.

7. This exemption 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 
4

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 (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

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 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.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. 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.

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

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

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

safety bulletins.

13. Under this grant of 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.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 
5

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. 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.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

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

pre-determined location within the private or controlled-access property.

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

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

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

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

power recommended by the manufacturer if greater.

21. 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 for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.
6

23. 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.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

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

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

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

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

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

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

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. 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.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.
7

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

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

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

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.
8

This exemption terminates on July 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
May 06, 2015 

U. S. Department of Transportation Docket Management System

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”), Jacob Anderson, a Professional Real Estate Agent (the 

“Applicant”), planned operator of Small Unmanned Aircraft Systems (“sUAS”) 

seeks an exemption from Federal Aviation Regulations (“FARs”) listed below and 

discussed in Appendix A. Attached, as Appendix C, is a summary of this request. 

The requested exemption would allow the Applicant to safely, efficiently, and 

economically use commercial sUAS in the National Airspace System (NAS), so 

long as such operations are conducted within and under the conditions outlined 

herein or as may be established by the FAA as required by Section 333. 

As described more fully below, the requested exemption would authorize the 

Applicant to perform commercial operations with sUAS that will provide the 

following benefits: 

 1. Commercial use of sUAS to perform aerial photography brings a new and 

 more informed perspective to the buyer. 

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

the noise and air pollution generated during traditional manned aircraft 

flight operations. 

 3. Operation of sUAS will substantially reduce the risk to life and property in 

the air, and on the ground, which is commonly associated with traditional 

manned aircraft flight operations. 

 4. Similar to the current manned aircraft flight operations that have been 

conducted for many decades, sUAS used for similar tasks will not generate 

any new privacy issues. 
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: 

Jacob N Anderson

Ph: 231-218-5325

Email: Acservice@me.com Address: 1577 Lavender Ln, Traverse City, MI 49686 

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

14 C.F.R. Part 21;

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

14 C.F.R. 61.113(a) & (b); 14 C.F.R. 61.133(a);

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

14 C.F.R. 91.9(b)(2) & (c); 14 C.F.R. 91.103;

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

14 C.F.R. 91.119; 

14 C.F.R. 91.121;

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

14 C.F.R. 91.203(a) & (b); 14 C.F.R. 91.405(a);

14 C.F.R. 91.407(a)(1); 14 C.F.R. 91.409(a)(2); 14 C.F.R. 91.417(a) 

Appendix A discusses each rule listed above and explains why exemptions 

pursuant to the proposal set forth in this letter are appropriate, provide an 

equivalent level of safety, and are in the public interest. 

QUALIFICATION FOR APPROVAL UNDER SECTION 333 OF THE REFORM 

ACT 

The proposed operations in this petition for exemption qualify for expedited 

approval under Section 333 of the Reform Act. Each of the statutory criteria and 

other potentially relevant factors are satisfied. 

The proposed operations would permit the use of small and relatively 

inexpensive UAS under controlled conditions in airspace that is: (1) limited; (2) 

predetermined; (3) controlled as to access, and; (4) would provide an increased 

level of safety beyond that existing when fixed or rotor wing aircraft are used to 

accomplish the same purpose. 
The sUAS's planned to be operated are DJI Phantom Vision 2, weighing

4 lbs. or fewer including payload. It would operate, under normal conditions, at a 

speed of no more than 30 knots. The principal construction material of the sUAS 

is plastic. Operations will be performed by Jacob Anderson “Pilot in 

Command” (PIC), as outlined below, to insure that the sUAS will "not create a 

hazard to users of the national airspace system or the public." Given the small 

size of the sUAS involved and the pre-planned environment within which they will 

operate, the applicant believes that these operations fall squarely within that 

zone of safety (an equivalent level of safety) in which Congress envisioned that 

the FAA must, by exemption, allow commercial operations of sUAS to commence 

immediately. Also, due to the size of the sUAS and the pre-defined, restricted 

area in which the sUAS will operate, approval of the application presents no 

national security issue. The operation of sUAS by knowledgeable professionals 

will serve to enhance safety, add to the public benefit, and reduce environmental 

impacts related to current methods of manned aircraft flight operations. 

These limitations and conditions to which the PIC agrees to be bound when 

conducting commercial operations under an FAA issued exemption: 

 1. Safety will be the first and foremost consideration in any sUAS operation. 

 2. Jacob Anderson has 60 hours flight time in a Cesena 172. Also holds a 

current third class medical certificate and has FAA private ground 

instruction and is in process of passing the FAA private pilot written 

examination. 

 3. The sUAS pilot will be considered Pilot in Command (PIC), whether flying 

or 

supervising, and will be responsible for safe operation of the flight. 

 4. Flights will be operated within line of sight of the PIC and/or an observer. 

 5. The sUAS will weigh less than 4 lbs. total. 

 6. Flights will be operated in Class G airspace .

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

equivalent to 

Visual Flight Rules (VFR). 

 8. The sUAS will at all times give way to any aircraft carrying persons . 

 9. Jacob Anderson and a secondary person will be at a all flights 

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

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

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

and applicable airspace within the area of operation. 

 11. The sUAS shall operate from on -site takoff/landing locations directly next 

to the PIC and/or Observer. 

 12. Flight planning will include flight completion with at least 20% battery 

power remaining as measured by the sUAS or appropriate timing. 

 13. The sUAS will be equipped with an autopilot system. For example, the 

sUAS will utilize GPS navigation for stability and reliability. failsafe’s, 

return-to-home (RTH), PIC will have control of the flight at all times.

features, among other built-in safety features. 

 14. A Ground Station will be connected, by radio communication, to the sUAS 

during the entire 

flight, which will give the PIC flight information such as GPS Position, 

Altitude, Battery 

Remaining, and other telemetry information. 

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

to operation 

at each new location. All personnel who will be performing duties within the 

boundaries 
of the area of operation will be present for this briefing. 

 16. All required permissions and permits will be obtained from appropriate 

state, 

county or city jurisdictions, including local law enforcement, fire, or other 

appropriate governmental agencies. 

 17. Written , to include electronic, and/or oral permission from the relevant 

property owners 

will be obtained prior to an operation. 

 18. The sUAS pilot will be trained in advance for the safe operation of the 

sUAS to be 

operated. This will include operation of the sUAS both in normal and 

emergency modes of operation, and will include familiarization with the 

operation manual (or similar) if published by the sUAS manufacturer. 

Training will also include types of maneuvers to be performed and the safe 

operation in relation to persons, property and applicable airspace. 

It is the applicant's belief that the size, weight, speed, operating environment, and 

operating capabilities provide an "equivalent level of safety" or better when 

operating a sUAS for the public interest as outlined in Section 333 of the Reform 

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

commercial sUAS operation by the applicant as soon as possible. 

Respectfully submitted, 

Jacob Anderson

1577 Lavender Ln, Traverse City, MI 49686
Appendix A

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

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

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

14 CFR Part 21, Subpart H: Airworthiness Certificates 

14 CFR § 91.203(a)(1)

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

airworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishes 

the procedural requirements for the issuance of airworthiness certificates as 

required by FAR § 91.203(a)(1). Given the size of the aircraft (less than 15 lbs.) 

and the limited operating area associated with its utilization, it is unnecessary to 

go through the certificate of airworthiness process under Part 21 Subpart H to 

achieve or exceed current safety levels. 

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

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

333 of the Reform Act both authorize the FAA to exempt aircraft from the 

requirement for an airworthiness certificate, upon consideration of the size, 

weight, speed, operational capability, and proximity to airports and populated 

areas of the sUAS involved. 

In this case, an analysis of these criteria demonstrates that the sUAS operated 

without an airworthiness certificate, under the conditions proposed herein, will be 

at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) 

with an airworthiness certificate. The sUAS weighs less than 15 lbs. fully loaded. 

It will not carry a pilot or passenger, will not carry flammable fuel, and will operate 

exclusively within an area pre-disclosed and in compliance with conditions set 

forth herein. Operations under this exemption will be tightly controlled and 

monitored by both the operator, pursuant to the conditions set forth above, and 

by local public safety requirements. The FAA will have advance notice of all 

operations through the filing of NOTAMs. Receipt of the prior permission of the 

land owner, the size of the aircraft, the lack of flammable fuel, and the fact that 

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

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

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

conventional aircraft that would be orders-of-magnitude larger and would be 

carrying passengers, cargo, and flammable fuel. 

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

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

the Roman capital letter “N” (denoting United States registration) followed by the 

registration number of the aircraft. Each suffix letter used in the marks displayed 

must also be a Roman capital letter.

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

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

experimental or provisionally certificated aircraft, the 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,” “light-sport,” “experimental,” or “provisional,” as applicable. 

Regulation 91.9(c) provides:

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

identified in accordance with part 45 of this chapter. 

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

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

impossible. Official marking systems for sUAS have not yet been established for 

operations inside the NAS. The applicant is prepared to mark the sUAS with the 

name of the organization and location or origin and fulfill any other request by the 

FAA to this topic in accordance to § 45.29(f) where the pilot, observer, and others 

working with the sUAS will see the identification of the sUAS. 

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

Nos. 8738, 10167, 10167A and 10700. 

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

Pilot in 

Command; Commercial Pilot Privileges and Limitations. 

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

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

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

Section 61.133(a) requires an individual with a commercial pilot’s license to be 

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

respectfully proposes that operator requirements should take into account the 

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

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

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

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

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

until the FAA Pilot Certificate requirements catch up to the sUAS technology. 
The sUAS autopilots have an all-digital software platform with advanced features 

previously restricted to full size unmanned aircraft. Automated features and 

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

networking capabilities and system extensibility. 

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

manual mode 

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

will return 

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

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

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

people to be onboard in potentially dangerous situations. With multiple 

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

respect to safety. 

 ● The sUAS automatically detects potential issues - with configurable 

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

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

pre-flight tests prior to takeoff to check for errors 

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

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

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

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

limits are reached 

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

immediate landing. 

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

home, land 

and replace the battery 
 ● If sUAS detect a lost-link to the Ground Station the vehicle will perform 

its pre-defined 

Non-Fatal Condition Response. 

Given these safety features, the applicant proposes that operators of s U A S w i t 

h t h e s e features should not be required to hold a commercial or private pilot 

certification. Instead, 

operators should be required to: 

 ● have successfully completed, at a minimum, FAA private pilot ground 

instruction and 

passed the FAA Private Pilot written examination or FAA-recognized 

equivalents including ICAO issued commercial, private license and ground 

school; operators will therefore receive instruction in aeronautical 

navigation, meteorology, and aviation regulations prior to conducting 

commercial sUAS operations. 

 ● have completed a training program for operation of the sUAS, if 

available. 

 ● have completed 15 hours (or 150 flights) of training on the sUAS and/or 

simulator before 

commencing commercial operations. 

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

operation of sUASs by operators with these qualifications in the case of 

operations pursuant to public COAs where the mandatory operating 

conditions specified above are present. See Federal Aviation 

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

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

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

commercial operations. 

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

provided by allowing operation of the sUAS without a private pilot’s 

certificate or a commercial pilot’s certificate, under the conditions set forth 

herein. 

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

operational capabilities, and lack of combustible fuel) are so diminished 

from the level of risk associated with private pilot operations or commercial 

operations contemplated by Part 61 with conventional aircraft (fixed wing 

or rotorcraft), that allowing operations of the sUAS as set forth above 
meets or exceeds the present level of safety provided under 14 C.F.R. § 

61.113(a) & (b) and does not rise to the level of requiring a commercial 

pilot to operate the aircraft under § 61.133(a). 

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

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

is in airworthy condition. Should the exemption be granted allowing 

commercial operation of sUAS without an airworthiness certificate, no 

standard will exist for airworthiness of the sUAS. Given the size of the 

sUAS and the previous COAs issued for similar sUAS, an equivalent level 

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

manuals and use of safety checklists prior to each flight. 

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

The regulation provides:

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

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

§21.5 of this chapter, unless there is available in the aircraft a current 

approved airplane or Rotorcraft Flight Manual, approved manual material, 

markings, and placards, or any combination thereof. 

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

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

because there is no room or capacity to carry such an item on the aircraft. 

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

at the ground control point where the pilot flying the sUAS will have 

immediate access to it. The FAA has issued to others the following 

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

9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700. 

14 CFR § 91.103: Preflight action 

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

flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will 

not be provided for the aircraft an exemption will be needed. An equivalent level 

of safety will be provided by following a comprehensive preflight checklist. The 

PIC will take all actions including reviewing weather, flight battery requirements, 

landing and takeoff distances and aircraft performance data before initiation of 

flight. 

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

These regulations provide that no person may operate a civil aircraft (except a 

manned free balloon) that is being used for flight instruction unless that aircraft 

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

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

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

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

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

circumstances will the pilot input control functions to alter the pre-programmed 

flight. Given the size and speed of the sUAS, an equivalent level of safe training 

can still be performed without dual controls because no pilot or passengers are 

aboard the sUAS, and all persons will be a safe distance away should the sUAS 

experience any difficulties during flight instruction. The FAA has approved 

exemptions for flight training without fully functional dual controls for a number of 

aircraft and for flight instruction in experimental aircraft. See Exemption Nos. 

5778K & 9862A. 

14 CFR § 91.119: Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. 

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

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

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

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

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

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

from Section 91.119(c) is needed. 

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

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

permission of the land owner or those who control the land. Because of the 

advance notice to the landowner, all affected individuals will be aware o f t h e f l i 

g h t s . Compared to aerial survey operations conducted with aircraft or rotorcraft 

weighing far more than 15 lbs. and carrying flammable fuel, any risk associated 

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

conventional aircraft operating at or below 500 feet AGL. Indeed, the low-altitude 

operations of the sUAS will maintain separation between these sUAS operations 

and the operations of conventional aircraft that must comply with Section 91.119. 

14 CFR § 91.121: Altimeter Settings 

Section 91.121 requires a person operating an aircraft to maintain cruising 

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

departure airport or barometric pressure. Some sUAS have a barometric 

pressure sensor, while others only use GPS for elevation or altitude. When a 

barometric pressure sensor is on the sUAS, it is typically “zeroed” at the point of 
take-off; this is right next to the PIC and not at a departure airport. The altitude 

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

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

elevation or altitude of 

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

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

flight operation. 

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

This regulation prohibits an individual from beginning “a flight in an airplane 

under VFR conditions unless (considering wind and forecast weather conditions) 

there is enough fuel to fly to the first point of intended landing and, assuming 

normal cruising speed – (1) During the day, to fly after that for at least 30 

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

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

exemption from § 14 CFR 91.151 is therefore required. 

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

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

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

sUAS, without 30 minutes of reserve fuel does not engender the type of risks that 

Section 91.151(a) was meant to prevent given the size and speed at which the 

sUAS operates. The fact that it carries no pilot, passenger, or cargo also 

enhances its safety. In the unlikely event that the sUAS should run out of fuel, it 

would simply land. Given its weight and construction material, the risks are less 

than contemplated by the current regulation. 

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

maintaining 20% of reserve fuel (or battery), which would be more than adequate 

to return the sUAS to its planned landing zone from anywhere in its operating 

area. 

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

5745, 10673 and 10808. 

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

Registration 

This regulation provides as follows: 
(a) ... no person may operate a civil aircraft unless it has ... an appropriate and 

current airworthiness certificate.

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

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

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

passengers or crew. 

The sUAS fully loaded weigh less than 15 lbs. As such, there is no ability or place 

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

In addition, there is no pilot on board the aircraft. 

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

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

to them. The FAA has issued numerous exemptions to this regulation. A 

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

9789, 9789A, 9797, 9797A, 9816A, and 10700. 

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

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

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

requires an annual inspection for the issuance of an air worthiness 

certificate. Section 91.417(a) requires the owner or operator to keep records 

showing certain maintenance work that has been accomplished by certificated 

mechanics, under Part 43, or licensed pilots and records of approval of the 

aircraft for return to service. 

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

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

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

predefined intervals as part of a maintenance schedule. 

Pre-flight checklist includes:

1.Visual inspection of the airframe

2.Visual inspections of rotor integrity

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

station) 

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

will carry no external payload, will operate only in restricted predetermined areas 
and is not a complex mechanical devise. The operator of aUAS will ensure that it 

is in working order prior to initiating flight, perform required maintenance, and 

keep a log of any maintenance that is performed. Moreover, the operator is the 

person most familiar with the aircraft and is best suited to maintain the aircraft in 

an airworthy condition and to ensure an equivalent level of safety. 

If mechanical issues arise, the UAS can land immediately due to the predetermined area of operation. Moreover, the UAS's small size, carrying capacity, 

and the fact that flight operations will only take place in restricted areas for limited 

periods of time, create less risk than the same factors associated with 

conventional fixed-wing aircraft and rotorcraft performing the same operation. 

APPENDIX C

SUMMARY OF SECTION 333 EXEMPTION REQUEST 

Steven Zeets, a Professional Land Surveyor, hereby provides pursuant to Part 11 

a summary of its exemption application to allow commercial operation of sUAS 

for aerial acquisition and research in support of government entities, agriculture 

industry, utility companies, local infrastructure, scientific studies, wildlife 

monitoring, mining, surveying, forestry, and much more. All of which are critical to 

the well-being of the general public. An exemption is requested from the following 

regulations: 

14 C.F.R. Part 21;

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

14 C.F.R. 61.113(a) & (b); 14 C.F.R. 61.133(a);

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

14 C.F.R. 91.9(b)(2) & (c); 14 C.F.R. 91.103;

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

14 C.F.R. 91.119;

14 C.F.R. 91.121;

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

14 C.F.R. 91.203(a) & (b); 14 C.F.R. 91.405(a);

14 C.F.R. 91.407(a)(1); 14 C.F.R. 91.409(a)(2); 14 C.F.R. 91.417(a).