June 29, 2015

Exemption No. 11932

Regulatory Docket No. FAA–2015–1350

Mr. Thomas Fiset

Skyflik Aerial Filming

14 Village Way

Plaistow, NH 03865

Dear Mr. Fiset:

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 dated April 20, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Skyflik Aerial Filming (hereinafter petitioner or operator) for an exemption. The 

petitioner requested to operate an unmanned aircraft system (UAS) to conduct aerial 

photography and videography.

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 are the DJI Phantom 2 Vision Plus and DJI Phantom 3.

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 
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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 

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, Skyflik Aerial Filming 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.

 

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.
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Conditions and Limitations

In this grant of exemption, Skyflik Aerial Filming is hereafter referred to as the operator.

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 2 

Vision Plus and DJI Phantom 3 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, 
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the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

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

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

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

UAS Integration Office (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.
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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 

(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.
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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.

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.
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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.

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.
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This exemption terminates on June 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
April	20th,	2015

Department of Transportation

Docket Management System

1200 New Jersey Avenue SE

Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act

Dear Sir or Madam:

This petition is being submitted on our behalf without legal counsel or

consulting services. Pursuant to Section 333 of the FAA Modernization

and Reform Act of 2012 (the Reform Act), and 14 C.F.R. Part 11,

Skyflik Aerial Filming, a full service video production and photography 

company, hereby applies for an exemption from the Federal Aviation

Regulations (FARs) listed below to allow operation of our Small

Unmanned Aircraft Systems (sUAS) commercially in airspace regulated

by the Federal Aviation Administration (FAA) so long as such

operations are conducted with and under the conditions outlined

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

333.

The requested exemption would permit Skyflik Aerial Filming to

pursue its commercial interests in providing services to clients using

a small advanced sUAV in the following areas:

 Real Estate

 Marketing

 Mapping

 Surveying

 Special Events

Skyflik Aerial Filming states that all sUAS flights will occur over private

or controlled access property, and will do so with the property owner’s

consent and knowledge. Only people who have consented, or

otherwise have agreed to be in the area where photography or 

videography will take place, will be present.

Additionally, Skyflik Aerial Filming’s sUAS pilots are current, fully 

certified Air Traffic Control Specialists (ATCS) employed by the Federal 

Aviation Administration in various terminal (radar and tower) facilities. 
All pilots in command (PIC) for Skyflik Aerial Filming have graduated 

from the FAA Mike Monroney Aeronautical Center for Air Traffic Control, 

and have completed the following FAA sUAS educational courses:

 (60004746) Special Use Airspace Management System (SAMS) 

Training (COURSE FAA60004746)

 (50019) Airspace and Procedures (COURSE FAA50019)

 (60004461) Unmanned Aircraft Systems (UAS) (COURSE 

FAA60004461)

 (27100179) Introduction to Unmanned Aircraft Systems 

(BRIEFING FAA27100179)

 (27100222) Unmanned Aircraft Systems - Initial (COURSE 

FAA27100222)

Skyflik Aerial Filming believes that ATCS have both an utmost

understanding of the National Airspace System and the principles of 

flight. Therefore, Skyflik Aerial Filming believes that ATCS provide a 

level of safety and understanding of aviation in the United States far 

greater than the basic requirement of holding a private pilot’s license. 

If observers are not qualified private pilots or certified ATCS, they will

attend a ground school to understand the proper roles of an observer,

which include but are not limited to; communication procedures,

proper visual scan techniques, operations at non-towered airports, and 

appropriate sections of the Aeronautical Information Manual (AIM).

Regulations from which exemption is requested:

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. 91.7(a)

14 C.F.R. 91.9(b) (2)

14 C.F.R. 91.109

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. 91.205(b)

14 C.F.R. 91.215

14 C.F.R. 91.401 – 91.417

Unmanned Aircraft Systems
sUAVs are often seen as superior to helicopters as an aerial video

gathering platform due to less expensive equipment and personnel

cost, reduced noise and as such, create a much smaller

environmental impact which promotes public safety.

Skyflik Aerial Filming is petitioning for an exemption to operate both a

DJI Phantom 2 Vision Plus and a DJI Phantom 3 Professional. Both 

models are equipped with a built-in stabilized HD camera and GPS

safety features. These safety features include the ability to 

restrict the maximum altitude they operate above ground level (AGL),

to limit the radial distance from the operator and to exclude them from

operations within designated Class B, C and D airspace including “nofly zones”. Both models also have a failsafe function that is

automatically engaged in the event communication is lost between the

sUAS and the main controller transmitter. At that time, the sUAS will 

return to its point of takeoff and land safely. If the connection is

restored, the PIC can regain control of flight and land manually.

These specifications meet or exceed the Model Aircraft Operating

Standards as set below:

 The petitioner will only operate its sUAS in line-of-sight of a pilot

and/or observer and will operate at sites that are ‘sufficient

distance’ from populated areas within the sterile area described

in the FOPM. Such operations will ensure that the sUAS will “not

create a hazard to users of the national airspace system or the

public.”

 When flying the sUAS within three (3) miles of an airport, airport

operators will be notified and the operator will give the right-ofway to avoid flying in the proximity of full-scale aircraft.

 Maximum flight time for each operation will be 30 minutes.

 Flights will be terminated when battery levels reach 25%,

allowing sufficient reserve flight time to safely land the sUAS.

 The sUAS will be programmed so it will not be operated at an

altitude that exceeds 200 feet AGL, and not more than 100 feet

above an elevated platform from which videography is planned.

 Minimum crew for each operation shall consist of : sUAS pilot and

a visual sUAS observer.

 The sUAS PIC will be an FAA certified Air Traffic Control Specialist.

 The sUAS operated by the petitioner weighs less than 25 pounds,

including all payload (i.e. camera, lens, and stabilized gimbal).

 The sUAS will operate at speeds of no more than 50 knots, can

hover, and can simultaneously move vertically and horizontally. 

 Given the small size of the sUAS and the restricted sterile

environment within which it will operate, Skyflik Aerial Filming’s

operations adhere to the Reform Act’s safety requirements.
The fact that all Skyflik Aerial Filming’s pilots are FAA-certified ATCS

demonstrates the company’s high regard for safe operations with an

extensive understanding of FARs, pre-flight inspections, knowledge of

NAS operations and differences in airspace classifications, maintenance

and repair, as well as being trained to the highest safety standards in 

aviation.

Under the requested exemption, Skyflik Aerial Filming ensures all

operators have completed sUAS education and training programs, while 

also thoroughly understanding all applicable regulations and guidance

documents. Guidance documents include aeronautical background 

information, such as charts, NOTAMS and Aircraft Circulars; Radio

Communications Procedures; Human Factors and Crew Resource

Management; Basic sUAS Aerodynamics; Weather factors; Airmanship

and Decision-making and Safe Operations Procedures.

We respectively request exemption under Section 333 to enable Skyflik 

Aerial Filming to operate efficient, limited, low-risk commercial sUAS

operations for the activities stated respecting at all times the space and

privacy of citizens and property while keeping airspace safe.

Sincerely submitted, 

 

Thomas Fiset Jason Michaud

14 Village Way 63 Antone Ave

Plaistow, NH 03865 Falmouth, MA 02536

603-702-2474 508-345-9727

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Skyflik Aerial Filming requests an exemption from the following 

regulations as well as any additional regulations that may technically

apply to the operation of the sUAV System:

14 CFR Part 21, Airworthiness Certificates

This part establishes the procedures for the issuance of an

airworthiness certificate. While the FAA continues to work to develop

airworthiness standards for Unmanned Aerial Systems, we request an

experimental certificate be issued for the DJI Phantom 2 Vision Plus
and DJI Phantom 3 Professional under either, or both, of the

following provisions: 21.191 Experimental certificates. Experimental

certificates are issued for the following purposes:

(a) Research and development. Testing new aircraft design

concepts, new aircraft equipment, new aircraft installations, new

aircraft operating techniques, or new uses for aircraft.

(b) Showing compliance with regulations. Conducting flight tests

and other operations to show compliance with the airworthiness

regulations including flights to show compliance for issuance of type

and supplemental type certificates, flights to substantiate major

design changes, and flights to show compliance with the function and

reliability requirements of the regulations. Since the experimental

certificate can be used for commercial purposes such as market

surveys, sales demonstrations, and customer crew training, we would

expect that an experimental certificate would permit our commercial

purpose as well. The aircraft will not carry persons or property, will

not carry fuel, and will only fly under strict operational requirements. 

Combined with the UA's light weight, being constructed primarily of

carbon fiber and plastic, we propose that the UA will be at least as

safe, if not safer, than a conventionally certificated aircraft performing

the same mission. If an experimental airworthiness certificate is not

appropriate for this application, then we request an exemption of 14

CFR Part 21, Subpart H, and the requirement for an airworthiness 

certificate in general, citing the equivalent level of safety outlined in

the previous paragraph.

14 CFR 45.23 Display of marks; general and 45.29 Size of marks

These regulations provide that each aircraft must display "N" and the

aircraft's registration number in letters at least 3 inches high.

Additionally, the aircraft must display the word "EXPERIMENTAL" in

letters at least 2 inches high near the entrance to the cabin, cockpit, or

pilot station. The sUAV does not have an entrance in which the word

"EXPERIMENTAL" can be placed, and may not have a registration

number assigned to it by the FAA. We propose to achieve an equivalent

level of safety by including the word "EXPERIMENTAL" in the placard on

the top of the aircraft, as shown above, where the PIC, VO and others

in the vicinity of the aircraft while it is preparing for launch will be able

to see the designation. Additionally, we feel that the permanent

placard discussed in the previous paragraph will provide the aircraft's 

registration information at the ground station. Finally, we will display at

the ground station a high contrast flag, banner or sign that contains

the words "Unmanned Aircraft Ground Station" in letters 3 inches high

or greater. Since the aircraft will operate within 3/4 NM of the ground

station, the banner should be visible to anyone that observes the

aircraft and chooses to investigate its point of origin.
14 CFR 91.7 Prohibits the Operation of an aircraft without an

airworthiness certificate.

As no such certificate will be applicable in the form contemplated by

the FARs, this Regulation is inapplicable.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard

requirements. 

This regulation provides that no person may operate an aircraft

unless a current, approved flight manual is in the aircraft. We assume

that the intent of this requirement is to ensure that flight manual

information is available to the aircrew while operating the aircraft. We

request an exemption to this requirement since the aircraft is not only

too small to carry documentation, the documentation would not be

available to the crew during flight operations. To obtain an equivalent

level of safety and meet the intent of 91.9, we propose that a current,

approved sUAS Flight Manual must be available to the crew at the

ground station anytime the aircraft is in, or preparing for, flight.

14 CFR 91.109 Flight Instruction; Simulated instrument

flight and certain flight tests.

The regulation states "No person may operate a civil aircraft that is

being used for flight instruction unless that aircraft has fully functioning

dual controls." The sUAS System ground-based control station consists

of a hand-held radio transmitter and while it does not offer a second

set of "controls", both the student and instructor can, and will, operate

the single set of controls simultaneously. With both student and 

instructor having "hands-on" the controls during flight, this technique

meets the intent 91.109 and provides an equivalent level of safety.

91.119 Minimum safe altitudes: General.

The regulation states that over sparsely populated areas the aircraft

cannot be operated closer than 500 feet to any person, vessel, vehicle,

or structure. Since the typical mission of the sUAS would be

photography or survey of persons, vessels, vehicles or structures it

would be necessary to operate closer than 500 feet to the items listed.

Operations will only be flown over property or persons where

permission has been obtained and careful pre-planned has been

performed. The aircraft will be operated at a low altitude allowing, if a

power unit fails, an emergency landing without undue hazard to

persons or property on the surface. Therefore we maintain that due to

the small size of the UAS, the hazard to persons, vehicles and

structures is minimal compared to manned aircraft, which should be

considered in granting the exemption.
CFR 91.121 Altimeter settings.

The regulation requires that aircraft shall maintain cruising altitudes

by reference to an altimeter setting available within 100 NM of the

aircraft. The sUAS will always fly below 200 feet AGL and will not

need to maintain cruising altitudes in order to prevent conflict with

other aircraft. An Above Ground Level altimeter measurement above

the takeoff point is transmitted via radio from the sUAS on-board

computer to the display screen held by the PIC, providing a constantly

updated AGL readout. In the event that this feature is unavailable, 

no flight will be conducted.

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an

airplane under day- VFR conditions unless there is enough fuel to fly

to the first point of intended landing and to fly after that for at least

30 minutes. We feel the intention of this paragraph is to provide an

energy reserve as a safety buffer for delays to landing. The sUAV is 

battery operated and the maximum duration of flight from a single

battery charge is 12 minutes with a 20% reserve. Since the aircraft

will never fly more than 3/4 NM from the point of intended landing, a 

full battery charge at launch will ensure that we meet the reserve

energy requirement of this paragraph. We request an exemption to 

the word "fuel" and ask for an equivalent interpretation with the word

"energy".

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, with the

registration number assigned to the aircraft and a registration

certificate must be aboard the aircraft. Additionally, subparagraph (b)

provides that the airworthiness certificate be "displayed at the cabin

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

maximum gross weight of 5.3 pounds, the sUAS is too small to carry 

documentation, does not have an entrance, and is not capable of

carrying passengers or crew. To obtain an equivalent level of safety

and meet the intent of 91.203, we propose that documents deemed

appropriate for this aircraft by the FAA will be co-located with the

crew at the ground control station and available for inspection upon

request. In order to identify the aircraft, we propose that the 

information found on airworthiness and registration certificates be

permanently affixed to the aircraft via placard containing the

following information plus the word "EXPERIMENTAL" to satisfy the

requirement of 14 CFR 45.23.

14 CFR Subpart E 91.401- 91.417 - Maintenance, Preventive

Maintenance, Alterations
The regulation provides that the operator is primarily responsible for

maintaining the aircraft in an airworthy condition, including compliance

with part 39 and 43. Paragraphs 91.407 and 91.409 require that the

aircraft be "approved for return to service by a person authorized

under 43.7" after maintenance and inspection. It is our intention that

the PIC perform maintenance and inspection of the aircraft and "be 

authorized to approve the aircraft for return to service." The PIC will

ensure that the aircraft is in an airworthy condition prior to every flight

and in addition conduct detailed inspections after every two hours of

flight. Maintenance performed by the PIC is limited to repairing small

cracks, replacing a propeller, checking electrical connections and

updating software and firmware for the on-board computer. The 

manufacturer, or their designated repair facility, will perform all other 

maintenance. The PIC will document work performed in accordance

with 91.417. We feel that due to the size, construction, and simplicity

of the aircraft, the PIC can ensure an equivalent level of safety.