September 28, 2015 

U. S. Department of Transportation Docket 

Management System 

1200 New Jersey Ave., SE 

\Vashington, DC 20590 

Unmanned Applications Institute International 

4200 James Ray Drive 

Suite 184 

Grand Forks, ND 58202 

Tel +1 701 738 4871 

uaiintemational.com 

Re: Unmanned Applications Institute Intemational's Request for Exemption from Certain 

Regulations per 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 of2012 (the Reform Act) and 14 

C.F.R. Part 11 , Unmanned Applications Institute International ("UAI") hereby applies for an 

exemption from the listed Federal Aviation Regulations ("F ARs") to allow business use ( commercial 

operation) of its sUASs, 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. 

I. INTRODUCTION 

UAI is headquartered in Grand Forks, North Dakota. UAI seeks to operate sUAS to conduct aerial 

data collection. This includes aerial surveys, and data for agriculture, mining, and infrastructure. This 

also includes aerial photography for structural assessment of tall structures such as wind turbines, 

communications t0\1iers and flare stacks, as well as aerial photography for real estate marketing and 

event photography. 

In its application, UAI requests use of the Altavian Nova F6500, Altavian Nova R8400, and the 

Lockheed-Martin Indago. These aircraft have been previously approved in exemption numbers 11344, 

11317, and 11965, 

Specific Regulations for which an exemption is sought: 

14 CFR 61.113 (a) 

14 CFR 91.7(a) 

14 CFR 91.119(b) & (c) 

14 CFR 91.121 

14 CFR 91.151 (a) 

14 CFR 91.405 (a) 

14 CFR 407 (u) (1) 

14 CFR 409 (a) (1) & (2) 

14 CFR 417 (a) & (b) 
September 28, 2015 

Page 2 

II. UAl'S PROPOSED OPERATIONS DO NOT CREATE SIGNIF[CANT HAZARDS 

The sUAS's utilized by UAI are electric aircraft, weighing less than 55 lbs. including payload. They 

will only be operated as visual line of sight (VLOS), remain under 400ft. above ground level, and 

will operate only over private property with pem1ission of the owners of the property. 

During the proposed operations involving aerial inspection of structures and real estate, the site will 

be secured, and non-participants will be kept at least 500 feet away from the operation. Similarly, 

operations during event photography will occur at least 500 feet from all non-participants unless 

barriers or structures are present that sufficiently protect non-participants in the event of an accident 

or loss of control. 

III. UAl'S PROPOSED OPERATIONS ARE IN THE PUBLIC INTEREST 

The FAA recently issued a Grant of Exemption to FalconSkyCam for operations that are substantially 

similar to those proposed herein. Docket No. FAA-2014-0884 (used March 6, 2015). In issuing the 

Grant, the FAA noted that "[t]he enhanced safety and reduced environmental impact achieved using a 

UAS 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." 

Accordingly, UAI respectfully requests that the FAA grant the requested exemption without delay. 

IV. EQUIVALENT LEVEL OF SAFETY 

. 

UAI proposes that the exemption requested herein apply to civil aircraft that have the characteristics and 

operate with the limitations listed herein. These limitations, as listed below, provide for at least an 

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

These limitations and conditions to which UAI agrees to be bound when conducting commercial 

operations w1der an FAA issued exemption include: 

The sUASs utilized by UAI will weigh less than 55 lbs. 

Flights will be operated during daylight hours, in visual meteorological conditions, and within 

visual line of sight (VLOS) of the pilot of the UAS. 

All operations will utilize a visual observer in addition to the operator. 

Maximum total flight time for each operational flight will be approximately 30 minutes, or when 

the Low Battery warning activates. 
September 28, 2015 

Page 3 

V. EXEMPTIONS REQUESTED 

14 C.F.R. § 61.113(a) and (b): Private vs. Commercial Pilot Certificates 

Sections 6 l.113(a) and (b) prohibit private pilots from operating an aircraft for compensation or hire. 

UAI proposes that its pilots will have at least a private pilot's certificate, and a Class II medical. For the 

reasons set forth in the FAA's grant of an exemption to Astraeus Aerial, UAI docs not believe a 

commercial pilot certificate is necessary for the operations it intends to conduct. See, e.g., In the 

matter of the petition of Astraeus Aerial, Exemption No. 11062 (issued Sept. 25, 2014). For those 

reasons, UAI requests an exemption from I 4 C.F.R. § 6 I. l l 3(a) and (b ). 

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

Section 91. 7 prohibits operation of an unairworthy aircraft, and places responsibility for airworthiness 

determinations on the pilot in command. The sUAS will not have an airworthiness certificate, and 

there is no FAA regulatory standard for determining airworthiness of the sUAS. For these reasons. and 

in accordance with the FAA's grant ofan exemption from 91.7 to Total Safety U.S., Inc., UAI requests 

an exemption from 14 CFR. § 91.7(a). See, e.g., In the matter of the petition of Total Safety U.S., Inc., 

Exemption No. 11156 (issued Jan. 29, 2015). 

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

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 9 l. l l 9(b) prohibits 

aircraft in congested areas from flying less than 1,000 feet above the highest obstacle within a horizontal 

radius of 2,000 feet of the aircraft. To the extent that the structures that UAI would be inspecting are 

considered to be in "congested areas," 1 UAI's operational procedures, and the size, weight and spee<l of 

the sUAS, provide an equivalent level of safety such that operations at lower altitudes should be 

allowed. 

UAI will establish a 500' buffer/sterile area for its operations that will exclude personnel not associated 

with the operations. UAI will also exercise additional control over the sterile area as needed. 

Consequently, UAI believes these procedures will reduce or eliminate any potential adverse impacts to 

safety for operations in congested areas. UAI therefore requests an exemption from 14 CFR § 

91.l J9(b). 

I The FAA Office of the Chief Counsel has indicated thut whether nn area is "congested" is detcnnincd on u ca.,;e-by-casc 

basis. See, e.g., June 18, 2012, Memorandum from Rebecca B. Mac Pherson, Assistant Chief Counsel for Regulutions, to 

James E. Gardner, Manager, Flight Standards Division, re "To whnt extent an opcmtor cnn make u congcsttxl area 

uncongested." 
September 28, 2015 

Page 4 

t I ·~ •' ~1 , t . / -

Section 91 .119 (c) prohibits operations in other than congested areas below 500 feet above the surface, 

or closer than 500 feet to any person, vessel, vehicle or structure. As this exemption is for an sUAS that 

flies similarly to a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, 

an exemption may be needed to allow such operations. 

14 C.F.R. §91.121 Altimeter Settings 

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

an al6meter that is set " ... to the elevation of the departure airport or an appropriate altimeter setting 

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

altitude read out, an exemption may be needed. 

14 C.F.R. § 91.lSl(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." 

Maximum total flight time for each operational flight will be no more than 25 minutes. Flights will be 

safely landed when the battery falls below its nominal voltage, should that occur prior to completion 

of the operation. This battery level would be more than adequate to return the sUAS to its planned 

landing zone from anywhere in its limited operating area when the Low Voltage Warning alerts. 

For these reasons, UAI requests an exemption from 14 C.F.R. § 91.151(a). Similar exemptions have 

been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808. 

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (1) & (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. 

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

maintenance and inspections, and keep a log of any maintenance performed. 

VI. REGULATIONS FOR WHICH EXEMPTIONS ARE UNNECESSARY 

The federal Aviation Administration just issued a number of exemptions for UAS operations in filming 

of movies. In those exemptions, the agency noted that exemptions from certain regulations were not 

necessary, due to "the size, weight, speed and limited operating area associated with [the UASs] and its 

operation." 
September 28, 2015 

Page 5 

,· ~1 .. r:' (.., 

Based upon the FAA's guidance, and the fact that UAI' UAS is even smaller and slower than those 

proposed by the film-making industry, UAI believes exemptions from the following regulations are not 

necessary: · 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 

14 C.F.R. § 45.23 (b). Marking of the Aircraft 

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

14 C.F.R. §91.109: Flight instruction. 

UAI also believes that an exemption from 14 C.F.R. § 91. l 03: Preflight Action, is not necessary. 

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

safety of flight. An FAA approved rotorcraft flight manual will not be provided for the aircraft. An 

equivalent level of safety will be provided as set forth in the operating documents submitted as part 

of this request. 

The FAA has previously found that adherence to procedures contained in an applicant's operating 

documents demonstrate compliance with§ 91.103, and therefore an exemption from the regulation 

was not necessary. See, e.g., In the matter of the petition of Total Safety U.S., Inc., Exemption No. 

11156 (issued Jan. 29, 2015). 

As detailed in its operating documents, UAI's PIC will take all actions including reviewing weather, 

flight battery requirements, landing and takeoff clearance distances and aircraft performance data 

before initiation of flight to ensure the safety of the flight. Consequently, in light of the agency's 

prior finding in Total Safety U.S., Inc., UAI does not believe an exemption from 14 C.F.R. § 91.103 

is necessary. 

Pursuant to 14 C.F.R. Part 11 , the following summary is provided for publication in the Federal 

Register, should it be determined that publication is needed: 

UAI seeks an exemption from the following rules: 

14 C.F.R. § 61.l 13(a) and (b); 91.7 (a); 91.l 19(b) and (c); 91.121; 91.15l(a); 91.405 

(a); 91.407 (a) (I); 91.409 (a) (1) & (2) and 91.417 (a) & (b) to conduct aerial photography for 

structural assessment of tall structures such as wind turbines, communications towers and flare 

stacks, as well as aerial photography for real estate marketing and event photography. 

Approval of exemptions allowing commercial operations of sUASs for these applications will 

enhance safety by reducing risk. Conventional means for performing these assessments require 

either physically climbing the poles or towers, using ropes to rappel down the tower from the 

top of the tower, using high-reach man lifts to access the towers (limited reach), or using 

conventional helicopters operating at extremely low altitudes over the subject structure being 

photographed. These conventional means all pose risks to persons and property. 

In contrast, a sUAS weighing less than 55 lbs. and powered by batteries, eliminates virtually ~l 

of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAS is 
0.\ UOii' 

September 28, 2015 

Page 6 

carried to the project site 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, groundbased aerial lift (bucket truck) operations, or manual climbing and inspection operations. 

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

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

exemptions requested herein, including exempting UAI from the requirements of Part 21 and 

allowing commercial operations. These lightweight aircraft operate at slow speeds, and close to 

the ground, and, as a result, are far safer than conventional alternatives. 

Privacy 

All flights will occur over private or controlled access property with the property owner's 

prior consent and knowledge. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012--size, weight, speed, 

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

and national security - provide more than adequate justification for the grant of the requested 

exemptions allowing commercial operation of UAI's sUAS to collect aerial data. This includes aerial 

surveys, and data for agriculture, mining, and infrastructure. This also includes aerial photography for 

structural assessment of tall structures such as wind turbines, communications towers and flare stacks, as 

well as aerial photography for real estate marketing and event photography. 

Douglas J. McDonald 

Director of Special Projects 

Unmanned Applications Institute International