August 19, 2015

Exemption No. 12515

Regulatory Docket No. FAA–2015–1445

Mr. Joseph Yasunaga

RPA/UAS Consulting LLC

751 Langly Street

Colorado Springs, CO 80916

Dear Mr. Yasunaga:

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 26, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of RPA/UAS Consulting LLC (hereinafter petitioner or operator) for an exemption. 

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

photography and videography, emergency services support, search and rescue, emergency 

services training, UAS operations training1, and UAS capability demonstrations.

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.

 

1 The petitioner requested authority to conduct UAS training. At this time, the FAA is unable to authorize UAS 

operations for training until a further assessment is completed. When the FAA completes its review, we will 

proceed accordingly and no further action will be required by the petitioner. However, the petitioner is permitted 

to train its own pilot in commands and visual observers in accordance with condition no. 14 and the other 

conditions and limitations in this exemption.
2

Airworthiness Certification

The UAS proposed by the petitioner are the DJI Phantom 2 vision+, DJI Phantom 3 

professional, DJI Inspire 1, DJI S1000, and the ASCTEC Falcon 8.

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 

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 collection2. 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.

 

2 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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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, RPA/UAS Consulting LLC 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, RPA/UAS Consulting LLC 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+, DJI Phantom 3 professional, DJI Inspire 1, DJI S1000, and the ASCTEC 

Falcon 8 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 
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must be designated before the flight and cannot transfer his or her designation for the 

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

required of the VO.

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 

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.
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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 

(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.
6

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.

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. 
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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.

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 August 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
April 26, 2015

U.S. Department of Transportation

Docket Management System

Room W12-140

1200 New Jersey Ave., SE 

Washington, DC 20590

Subject: Exemption request under Section 333 of the FAA Reform Act.

Dear Sir/Ma’am:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 RPA/UAS 

Consulting LLC, the operator of small Unmanned Aircraft Systems (UAS) seeks an exemption 

from the Federal Aviation Regulations (FARs) 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 RPA/UAS 

Consulting LLC to operate a UAS to perform aerial data collection.

You'll find that our request is similar to relief previously requested in Grant of Exemption 

Nos. 11062, 11109, 11112, and 11213. Furthermore, the UAS proposed by RPA/UAS 

Consulting LLC have been approved in Grant of Exemption Nos. 11398 and 11277.

The requested exemption would permit RPA/UAS Consulting LLC to commercially 

operate UAS for the following purposes:

 Airborne photography and videography

 Emergency services support

 Search and rescue

 Emergency Services training 

 UAS operations training

 UAS capability demonstrations

Furthermore, RPA/UAS Consulting LLC will research, develop, and commercial operate UAS to 

conduct:

 Agriculture and land surveying

 News gathering and reporting 

 Railroad inspections

 Bridge inspections

 Infrastructure inspection

 Tall structure inspections (smokestacks, cell phone towers, windmills, and 

electrical transmission towers, ect.)

The primary purpose of RPA/UAS Consulting is to assist other industries by providing 

safe and efficient UAS support. The uses of UAS to perform airborne photography and 
videography as well as aerial inspections and surveying have two major benefits. First, small 

UAS are considerably safer than using manned aircraft in the previously mentioned tasks, and 

also reduces the fall risk of workers. Second, UAS allows the completion of many tasks at a 

fraction of the cost using traditional means. Granting this exemption is in the public interest

because it will dramatically enhance safety, lower-cost, and improve the efficiency of many 

industries.

RPA/UAS Consulting LLC will conduct the aforementioned tasks by using the following 

small sized UAS: DJI Phantom 2 vision+, DJI Phantom 3 professional, DJI Inspire 1, DJI S1000,

and the ASCTEC Falcon 8. The listed UAS are very small, all weighing less than 25 pounds, 

and have advanced navigation systems and automated control features that enhance safety. With 

the exception of the DJI Phantom 3, which is merely an improvement of the Phantom 2 vision+, 

all of the UAS there will be operated with this exemption have been previously approved in other

Section 333 exemption requests. 

The chief pilot and owner of RPA/UAS Consulting, Joseph Yasunaga, is an experienced 

Commercial Pilot and a FAA Certified Flight Instructor with over 2000 hours of military UAS 

experience. RPA/UAS Consulting PICs will all possess a minimum of a FAA Private Pilot's 

License and a current Class III medical. All of RPA/UAS Consulting operations will strictly 

adhere to FAA regulations with safety being the number one priority. All operations will be 

conducted via unaided visual line of sight below 400 feet AGL and outside of any controlled 

airspace unless the controlling agency gives express permission.

RPA/UAS Consulting LLC respectfully submits a grant of exemption is in the public 

interest because the use of small UAS in lieu of comparatively more expensive and hazardous 

fixed and rotary wing aircraft or other conventional manned methods of inspection greatly 

enhances efficiency and achieves a level of safety that is significantly higher. Furthermore, 

RPA/UAS Consulting will assist other industries in the safe application of UAS and promote the 

benefits of safe UAS operations. Approval of this exemption would enhance safety and fulfilled 

the Secretary of Transportation's responsibility under the section 333(c) of the FAA 

Modernization and Reform Act of 2012 to “establish requirements for the safe operation of such 

aircraft systems in the national airspace system.”

Name and address of the applicant:

Joseph Yasunaga

RPA/UAS Consulting

Cell: (662) 425-6560

Email: RPA.UAS.Consulting@Gmail.com

Address: 751 Langly St

 Colorado Springs, Co. 80916
JUSTIFICTION UNDER SECTION 333

According to the FAA’s Public Guidance for Petitions for Exemption Filed under Section 333

“Section 333 grants the Secretary of Transportation the authority to determine if an unmanned 

aircraft system, as a result of its size, weight, speed, operational capability, proximity to airports 

and populated areas, and operation within visual line of sight does not create a hazard to users of 

the national airspace system or the public or pose a threat to national security”. RPA/UAS 

Consulting LLC submits that the small size and weight of the purposed UAS coupled with the 

fact that the operations will be conducted at low altitudes, slow airspeed, and within visual line 

of sight of the operator; our operations pose no potential hazard to the national airspace system, 

general public, or present any threat to national security.

Airworthiness of the UAS

The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both 

authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon 

consideration of the size, weight, speed, operational capability of the particular UAS. RPA/UAS 

Consulting LLC purposes using DJI Phantom 2 vision+, DJI Phantom 3 professional, DJI Inspire 

1, DJI S1000, and the ASCTEC Falcon 8. The proposed systems have the inherent advantage of 

being small in size and battery-operated therefore do not carry flammable fuel, this significantly 

reduces any potential damage in the event of a mishap. RPA/UAS Consulting LLC will operate 

the proposed UAS below 400 feet AGL, at speeds less than that recommended by the 

manufacturer, and at all times less than 50 knots. Operations will only be conducted in during 

daylight hours, in uncontrolled airspace, unless specific permission is granted by the controlling 

agency, and within visual line of sight of the operator. 

With the exception of the DJI Phantom 3, which is merely an improvement of the DJI 

Phantom 2, all of the UAS that will be operated with this exemption have been previously 

approved in other Section 333 exemption requests. The DJI Phantom 2 vision+, DJI Inspire 1, 

DJI S1000 were approved for use in Exemption No. 11398. The ASCTEC Falcon 8 was 

approved in Exemption Number 11277. An analysis of these criteria demonstrates that the 

purposed UAS operated without an airworthiness certificate, in the restricted environment and 

under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed 

or helicopter) operating with an airworthiness certificate without the restrictions and conditions 

proposed.

Operation of the UAS

RPA/UAS Consulting LLC will ensure that the exemption does not adversely affect safety and 

will operate at a level of safety at least equal to existing rules by operating with the following 

limitations and conditions:

 All operations will strictly adhere to manufactures owners, operators and maintenance 

manual.

 All operations will occur in class G airspace, unless specifically authorized by the 

controlling authority.
 All operations will be conducted during daylight hours.

 All operations will occur below 400 feet AGL.

 All operations will be conducted and visual meteorological conditions with visibility of at 

least three nautical miles.

 All operations will be conducted with at least 500 feet below clouds and with a horizontal 

separation of at least 2000 feet.

 At no time will the operator allow the aircraft within 500 feet of nonparticipating person,

structure, or vehicle.

 Preflight operations will be conducted in accordance with the manufacturer's 

recommendation and preflight checklist.

 All maintenance will be conducted in accordance with manufacturers recommendations 

and documented in the aircraft logbook

PIC Requirements

RPA/UAS Consulting LLC respectfully submits that the operator requirements should 

take into account the advanced internal navigation and autopilot systems of the proposed UAS. 

The DJI and ASCTEC systems both have a high degree of control and are extremely stable even 

in high wind environments. Both companies incorporate various built-in capabilities that limit 

the potential for operations outside of the aircraft capability.

The pilot in charge (PIC) is solely responsible for the safe operation of the UAS. 

RPA/UAS Consulting LLC will only use PIC’s who possess and FAA commercial or private 

pilot's license and a class III medical. RPA/UAS Consulting LLC will also ensure that all PICs

comply with manufacturer training requirements, and have been deemed safe and proficient by 

the chief pilot.

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(b);

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

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

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

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

limited operating area associated with the aircraft to be utilized by RPA/UAS Consulting LLC, 

an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety 

under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 

(f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the 

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

operational capability, and proximity to airports and populated areas of the particular UAS. Our 

small UAS's will be operated at low speed in a controlled environment, away from airports and 

any densely populated area. An analysis of these criteria demonstrates that the UAS's operated 

without an airworthiness certificate, in the restricted environment and under the conditions 

proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or helicopter) 

operating with an airworthiness certificate without the restrictions and conditions proposed. 

The UAS to be operated is less than 25 lbs. fully loaded, carries neither a pilot nor 

passenger, carries no flammable liquid fuels, and operates exclusively within a secured area. 

Like other civil aircraft, operations under this exemption will be tightly controlled and monitored 

by the PIC. If required, the FAA and general public will have advance notice of all operations.

These safety enhancements, which already apply to civil aircraft operated in connection 

with private property, industrial sites, railroad yards and the like provide a greater degree of 

safety to the public and property owners than conventional operations conducted with 

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

same criteria demonstrates that there is no credible threat to national security and the NAS posed 

by the UAS, due to its size, speed of operation, location of operation, lack flammable liquid 

fuels, and limited ability to carry an external load.

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

This regulation requires certain experimental, provisionally certificated aircraft, or lightsport category aircraft to be marked with letters between 2 inches and 6 inches high "limited," 

"restricted," "light-sport," "experimental," or "provisional," near each entrance to a cabin, 

cockpit, or pilot station.

Even though the UAS will have no airworthiness certificate, an exemption may be 

needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word 

"Experimental" can be placed. Given the size of the UAS, two-inch lettering will be impossible. 

The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f).

The equivalent level of safety will be provided by having the UAS marked on its fuselage 

as required by §45.29 (f) where the pilot, observer and others working with the UAS will see the 

identification of the UAS as "Experimental." The FAA has issued the following exemptions to 

this regulation: Exemptions Nos. 10700, 8738, 10167 and 10167A.
14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in

Command; Commercial Pilot Privileges and Limitations.

Part 61.113 (a) states that no person who holds a private pilot certificate may act as pilot 

in command of an aircraft that is carrying passengers or property for compensation or hire; nor 

may that person, for compensation or hire, act as pilot in command or an aircraft. Part 61.113 (b) 

states that a private pilot may, for compensation or hire, act as pilot in command of an aircraft in 

connection with any business or employment if: (1) The flight is only incidental to that business 

or employment; and (2) The aircraft does not carry passengers or property for compensation or 

hire. 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.

RPA/UAS Consulting LLC proposes that all operations require that the PIC must either 

hold an either a Commercial or Private Pilot Certificate issued by the FAA. Since there are 

currently no means available for the pilot of a UAS to gain the experience in an equivalent 

category and class in order to apply for a commercial UAS pilot's license, using pilots qualified 

under other categories and classes meets or exceeds the present level of safety provided under 14 

C.F.R. § 61.113(a) & (b). Given the unique nature of commercial UAS operations we do not 

believe that it rises to the level of requiring a commercial pilot to operate the aircraft under§ 

61.133(a).

14 C.F.R. § 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 the 

UAS without an airworthiness certificate, no standard will exist for airworthiness of the UAS. 

Given the size of the aircraft and the requirements published by the manufacture for maintenance 

and the use of safety checklists prior to each flight, an equivalent level of safety will be provided.

14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft.

The UAS, given its size and configuration has 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 maintained by keeping the flight manual at the 

ground control point where the pilot flying the UAS will have immediate access to it. The FAA 

has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 

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

14 C.F.R. 91.103: Preflight Action

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

ensure the safety of flight. An exemption is needed from this requirement as the pilot will take 

separate preflight actions, including checking for weather conditions, checking flight battery 

requirements, checking takeoff and landing distances, and all other actions in the manufactures

preflight checklist. These actions will provide an equivalent level of safety.
14 C.F.R. § 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.

By design, UASs and remotely piloted aircraft do not have fully functional dual controls. 

Flight control is accomplished through the use of a control station that communicates with the 

aircraft via radio communications. The FAA has previously approved exemptions for aircraft 

without fully functional dual controls. The equivalent level of safety provided by the fact that 

neither a pilot nor passengers will be carried in the aircraft, the ability to control the UAS via 

radio signals from the controller, and by the size and speed of the aircraft.

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.

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

as well as the location where it is operated. No flight will be taken without the permission of the 

property owner. Compared to flight operations with aircraft weighting far more than the 

maximum 55 lbs. proposed herein and carrying flammable fuel, any risk associated with our 

operations is far less than those presently presented with helicopters and other conventional 

aircraft operating at or below 500 AGL. In addition, the low-altitude operations of the UAS will 

ensure separation between these UAS operations and the operations of conventional aircraft.

14 C.F.R § 91.121 Altimeter Settings

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

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

altimeter setting available before departure." As the UAS does not have a barometric altimeter, 

but instead a GPS altitude read out, an exemption is needed. An equivalent level of safety will be 

achieved by the operator confirming the altitude of the launch site shown on the GPS altitude 

indicator before flight.

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

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.”
An equivalent level of safety can be achieved by limiting flights to what the manufacturer 

recommends, or enough battery reserve to ensure that the UAS lands at the ground station with at 

least 25% of battery power (as determined by the onboard monitoring system and the pilot), 

whichever happens first. This restriction would be more than adequate to return the UAS to its 

planned landing zone from anywhere in its limited operating area. Similar exemptions have been 

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

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration

This regulation requires: “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”.

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

control point where the pilot flying the UAS 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 C.F.R. § 91.405(a); 407(a)(1); 409(a)(2); 417(a) & (b): 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.

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

certificate, these sections will not apply to RPA/UAS Consulting LLC UAS. An equivalent level 

of safety, given the small size and unique characteristics of the aircraft, will be maintained by the 

operator accomplishing and documenting all required maintenance specified by the 

manufacturer.