Inflyte Group LLC

1501 Indian Hill Lane

Ballwin, MO 63021

March 1st, 2016

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590

Re: Petition of InFlyte Group. (IFG) for Grant of Exemption Pursuant to 

Section 333 of the FAA Modernization and Reform Act of 2012

To Whom it May Concern: 

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

C.F.R. Part 11, InFlyte Group. (IFG), hereby applies for an exemption from the Federal Aviation 

Regulations (FARs) identified below, to operate small unmanned aerial vehicles (i.e., small unmanned 

aircraft systems or UAS) for aerial data collection. The data will be used in support of IFG’s commercial 

data collection activities. IFG respectfully submits that this Petition for Exemption qualifies for approval, 

as the Federal Aviation Administration (FAA) has previously issued grants of exemption in circumstances 

similar in all material respects to those presented herein. 

In addition to this Petition for Exemption, IFG will also submit the following supporting 

documents (hereinafter referred to as “operating documents”): 

 DJI Phantom 3 Professional Aircraft Description and Operations Manual 

IFG submits these materials as confidential documents under separate cover pursuant to 14 

C.F.R. § 11.35(b), as the materials contain confidential commercial and proprietary information that IFG 

has not and will not share with others. The information contained in these documents is not generally 

available to the public and is protected from release under the Freedom of Information Act, 5 U.S.C. § 

552 et seq. 
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March 1, 2016

Page 2

For your convenience, this Petition is organized as follows: 

I. Background & Description of Petitioner

II. Description of Proposed Operation 

III. Relevant Statutory Authority 

IV. IFG’s Proposed UAS Operations Meet the Requirements of Section 333 of the Reform 

Act

A. Approval is Warranted Based on the UAS’s Size, Weight, Speed, and Operational 

Capability 

B. Approval is Warranted Based on the Operational Restrictions in IFG’s Operating 

Documents 

V. Regulations From Which Exemption Is Sought 

A. 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance 

Inspections 

C. 61.113, 61.101(e)(4) and (5): Private and Recreational Pilot Privileges and 

Limitations 

D. 91.7(a): Civil Aircraft Airworthiness 

E. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and (b): Carrying 

Civil Aircraft Certification and Registration 

F. 91.103: Preflight Action 

G. 91.109(a): Flight Instruction 

H. 91.119(c): Minimum Safe Altitudes Over Other Than Congested Areas 

I. 91.121: Altimeter Settings 

J. 91.151(a): Fuel Requirements for Flight in VFR Conditions

VI. Drug and Alcohol Program 

VII. Public Interest 

VIII. Privacy 

IX. Federal Register Summary 

X. Conclusion 
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I. BACKGROUND & DESCRIPTION OF PETITIONER

IFG is a professional services organization with offices in Missouri and Illinois with a goal of 

providing safe, professional, and affordable aerial data collection services to the midwest market.

 In accordance with 14 C.F.R. § 11.81(a), CNN provides the following information in support of its 

Petition for Exemption. 

The contact information for Petitioner is as follows: 

Richard Haller, Member

InFlyte Group LLC

1501 Indian Hill Lane

Ballwin, MO 60321

314.517.8716 – Phone

636.256.7132 – Fax

richard@flyteview.com - email

II. DESCRIPTION OF PROPOSED OPERATION 

IFG seeks an exemption pursuant to Section 333 of the Reform Act to use a number of different 

UAS. All of these UAS have already been approved for commercial use in other Grants of Exemption, 

including the DJI Phantom 3 As set forth below, these vehicles meet the criteria established in Section 

333 of the Reform Act and are suitable platforms for the conduct of aerial photography and videography 

in support of the television, print and online news industry.

IFG is committed to maintaining the highest standards of flight safety, and has experience 

conducting non-commercial manned and unmanned flight operations. IFG will leverage its knowledge 

and experience to create the safest possible UAS operation. All UAS operations will be performed in 

accordance with the accompanying IFG operating documents, and in accordance with the requirements 

of an applicable Certificate of Waiver or Authorization (COA). 

The proposed operations in this Petition for Exemption are not new or novel to the FAA. The 

FAA has previously issued grants of exemption to use small UAS for aerial data collection in support of 

similar activities, including: 

 Exemption No. 13841 to Mr. John D. Howorth, Mr. Aaron J. Murphy for conducting marketing, 

surveying, construction review, and special events; and 

 Exemption No. 13808 issued to Elevated Exposures, LLC to conduct aerial videography and 

photography for real estate, and other landscape-oriented operations.

The low-risk UAS operations proposed by IFG in this Petition for Exemption fall squarely within 

the category of aerial data collection that has been subject to previous approval. 
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III. RELEVANT STATUTORY AUTHORITY

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the Reform Act. 

Congress has directed the FAA “to safely accelerate the integration of civil unmanned aircraft systems 

into the national airspace system.” Pursuant to Section 333 of the Reform Act, the FAA Administrator is 

to permit unmanned aircraft systems to operate in the NAS where it is safe to do so based on the 

following considerations: 

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

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

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

Additionally, the FAA Administrator has general authority to grant exemptions from the agency’s 

safety regulations and minimum standards when the Administrator decides a requested exemption is in 

the public interest. See 49 U.S.C. § 106(f) (defining the authority of the Administrator); 49 U.S.C. § 

44701(f) (permitting exemptions from §§ 44701(a), (b) and §§ 44702 – 44716, et seq.). A party 

requesting an exemption must explain the reasons why the exemption: (1) would benefit the public as a 

whole, and (2) would not adversely affect safety (or how it would provide a level of safety at least equal 

to the existing rules). See 14 C.F.R. § 11.81 (petitions for exemption). 

IV. IFG’S PROPOSED UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 333 OF THE 

REFORM ACT 

IFG’s proposed operations in this Petition for Exemption qualify for expedited approval pursuant 

to Section 333 of the Reform Act, as each of the statutory criteria and relevant factors are satisfied. 

A. Approval is Warranted Based on the UAS’s Size, Weight, Speed, and Operational 

Capability 

The FAA has already determined that the vehicle chosen by IFG meet the requirements 

of Section 333 of the Reform Act: DJI Phantom 3 Professional. Specifically, the FAA has found 

the following characteristics of the DJI Phantom 3 Professional to warrant approval for a grant of 

exemption:

 The DJI Phantom 3 Advanced weighs less than 3 lbs (including the battery). 

 Maximum flight speed for DJI Phantom 3 Advanced is 16 m/s (31 knots)

 The DJI Phantom 3 Advanced has the capability to operate safely after 

experiencing certain in-flight contingencies or failures and use an auto-pilot 

system. The UAS are also able to respond to a loss of GPS or a lost-link event 

with a pre-coordinated, predictable, automated flight maneuver. These safety 

features provide an equivalent level of safety compared to a manned aircraft 
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March 1, 2016

Page 5

performing a similar operation and mitigate the risk of command and control 

link failures. 

 Altitude information will be generated by equipment onboard the UAs as 

specified using GPS triangulation, digitally encoded barometric altimeter, radio 

altimeter, or any combination thereof. This information will be transmitted to 

the pilot via telemetric data feed. 

 The radio frequencies used for operations and control of the UAS comply with 

the Federal Communications Commission (“FCC”) and other appropriate 

government oversight agency requirements. Both UAS operate within the 2.4 

GHz frequency band. 

B. Approval is Warranted Based on the Operational Restrictions in IFG’s Operating 

Documents 

IFG’s operating documents contain all the procedures and limitations necessary to safely 

and successfully perform the proposed operations. To expedite the FAA’s safety assessment of 

IFG’s proposed UAS operations, IFG has tailored its operating documents to comply with the 

conditions and limitations imposed on similarly situated petitioners seeking to use small UAS for 

aerial data collection. Below is a summary of operational limitations and conditions to which IFG 

will adhere, and which will ensure an equivalent or higher level of safety to operations 

conducted under current regulatory guidelines: 

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 3

Professional. 

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 
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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 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 require 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. 
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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 (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. 
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18. If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within the private or controlled-access property. 

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 (NNumber) 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 
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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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V. REGULATIONS FROM WHICH EXEMPTION IS SOUGHT 

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

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

of the Act, including UAS, from its safety regulations and minimum standards when the Administrator 

decides a requested exemption is in the public interest.

IFG seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 45, 61 and 91 for 

purposes of conducting the requested operations using small UAS, including: 

FAR Description

91.9(c); 45.23(b) and 

45.27(a)

Aircraft Marking and Identification Requirements

91.405(a); 91.407(a)(1); 

91.409(a)(1) and (2); 

91.417(a) and (b)

Maintenance and Inspection Requirements

61.113; 61.101(e)(4) and 

(5)

Private and Recreational Pilot Privileges and Limitations

91.7(a) Civil Aircraft Airworthiness

91.9(b)(2); 91.203(a) and 

(b)

Carrying Aircraft Flight Manual, Certification and Registration in the 

Aircraft

91.103 Preflight Action

91.109(a) Flight Instruction

91.119(c) Minimum Safe Altitudes Over Other than Congested Areas

91.121 Altimeter Settings

91.151(a) Fuel Requirements for Flight in VFR Conditions

Listed below are the specific sections of 14 C.F.R. for which exemption is sought, and the 

operating procedures and safeguards that Petitioner has established which will ensure a level of safety 

better than or equal to the rules from which exemption is sought.

A. 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements 

IFG seeks an exemption from the aircraft marking and identification requirements contained in 

14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a). 

 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, 

provides that: 

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

accordance with Part 45 of this chapter.
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 14 C.F.R. § 45.23(b), Markings of the Aircraft, states: 

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. 

 14 C.F.R. § 45.27(a), Rotorcraft, states: 

Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the 

cabin, fuselage, boom, or tail the marks required by § 45.23. 

In prior grants of exemption under Section 333 of the Reform Act, the FAA determined that 

exemption from these requirements was warranted provided that the aircraft “have identification (NNumber) markings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as 

practicable.” 8 All UAS flown by IFG will bear N-number markings that are as large as practicable in 

accordance with 14 C.F.R. Part 45, Subpart C.

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections 

IFG seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § 

91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b). These regulations specify maintenance 

and inspection standards in reference to 14 C.F.R. Part 43.10 An exemption from these regulations is 

needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which 

the UAS to be operated under this grant of exemption will not have. 

An equivalent level of safety will be achieved because maintenance and inspections will be 

performed in accordance with the operating documents and any required manufacturer Safety 8 FAA 

Docket No. FAA-2014-0352. 9 See, e.g., FAA Docket No. FAA-2014-0352, at 14. 10 See, e.g., 14 C.F.R. § 

91.405(a) (stating that each owner or operator of an aircraft “[s]hall have the aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections ...have discrepancies repaired 

as prescribed in part 43 of this chapter.”). or Service Bulletins. Further, as required by the operating 

documents, the PIC will conduct a pre-flight inspection of the UAS and all associated equipment to 

account for all discrepancies and/or inoperable components. Maintenance will be performed and 

verified to address any conditions potentially affecting safe operation of the UAS and no flights will 

occur unless, and until, all flight critical components of the UAS have been found to be airworthy and in 

a condition safe for operation. A functional test flight will be conducted following the replacement of 

any flight-critical components. As required by the operating documents, the PIC who conducts the 

functional test flight will make an entry in the UAS aircraft records of the flight. 

The operating documents also include requirements to follow the UAS manufacturer’s 

maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft 
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components. Moreover, the operating documents also include procedures to document and maintain a 

record of the UAS maintenance, preventative maintenance, alterations, status of replacement/overhaul 

component parts, and the total time in service of Petitioner’s UAS. As a whole, the maintenance and 

inspection procedures required by Petitioner’s operating documents ensure that an equivalent or higher 

level of safety will be achieved. 

C. 61.113, 61.101(e)(4) and (5): Private and Recreational Pilot Privileges and Limitations 

IFG seeks exemption from 14 CFR § 61.113, which restricts private pilot certificate holders from 

flying aircraft for compensation or hire, and would also require a second class medical certificate. The 

purpose of Part 61 is to ensure that the skill and competency of any PIC matches the airspace in which 

the PIC will be operating, as well as requiring certifications if the private pilot is carrying passengers or 

cargo for hire. In this case, while the UAS will be operated as part of a commercial operation, it carries 

neither passengers nor cargo. 

In the Grant of Exemption No. 11062 to Astraeus Aerial11, the FAA determined that the unique 

characteristics of UAS operation outside of controlled airspace did not warrant the additional cost and 

restrictions attendant with requiring the PIC to have a Commercial Pilot Certificate and Class II Medical 

Certificate. The fulfillment of the additional requirements for a private pilot to become qualified as a

commercial pilot would not lead to any additional safety benefits when UAS operations are involved. 

More recently, the FAA determined that holders of recreational and sport pilot certificates 

would also have adequate aeronautical knowledge to pilot a UAS. Accordingly, because these individuals 

would also be subject to security screening by the Department of Homeland Security (DHS), the FAA 

determined that holders of recreational and sport pilot certificates would be qualified to serve as the PIC 

for UAS operations.

The restrictions Petitioner has placed on its UAS operations meet or exceed the restrictions 

similarly imposed on Astraeus Aerial and other operators in more recently granted exemptions under 

Section 333 of the FAA Reform Act. IFG will operate away from persons and property that is not the 

subject matter of the flight. IFG will also require all PICs to be thoroughly trained in the unique aspects 

of UAS flight. As set forth in the operating documents, pilots will have experience not only in UAS 

operations generally but have logged flight time in the specific make and model used for the operations 

before they are permitted to participate in commercial flights on behalf of IFG. The pilot qualification, 

training, and currency requirements in the operating documents ensure that IFG’s pilots are competent 

and proficient in the UAS they are operating. The Petitioner’s training and qualification requirements are 

consistent with those contained in prior FAA-issued grants of exemption, and will provide a higher level 

of competency and proficiency for its pilots and will ensure at least an equivalent level of safety. 

D. 91.7(a): Civil Aircraft Airworthiness 

Inasmuch as there will be no airworthiness certificate issued for the UAS, IFG seeks an 

exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in an airworthy condition to be 

operated. While the petitioner’s UAS will not have an airworthiness certificate, the FAA has determined 
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that for the purposes of this exemption the pilot may determine the aircraft is in an airworthy condition 

prior to flight. The operating documents contain procedures which allow the PIC to determine whether 

the aircraft is in a condition safe for flight, and an exemption from § 91.7(a) is therefore warranted. 

E. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and (b): Carrying Civil 

Aircraft Certification and Registration 

Title 14 C.F.R. § 91.9(b)(2) and § 91.203(a) and (b) require the operator to carry airworthiness 

documents and other aircraft manuals onboard the aircraft. 

Pursuant to 14 C.F.R. § 91.9(b)(2): 

(b) No person may operate a U.S.-registered civil aircraft –

... 

2) For which an Airplane or Rotorcraft Flight Manual is 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. 

Pursuant to 14 C.F.R. § 91.203(a) and (b):

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

the following: 

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

(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. 

Given the small size and configuration of the UAS, it would be impossible to keep airworthiness 

documents and other aircraft manuals on board the UAS because there is simply no room and the UAS 

has no cabin or cockpit. 

In an FAA Office of Chief Counsel’s Opinion dated August 8, 2014, and prepared by Dean E. 

Griffith, Attorney, AGC-220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a) and 

(b) is met if the pilot of the unmanned aircraft has access to the UAS flight manual, registration 

certificate, and other required documents from the ground control station from which he or she is 

operating the aircraft.13 As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule is to 

ensure the pilot has access to these key documents during flight. Therefore, an equivalent level of safety 

will be achieved by ensuring that the pilot has access to the documents at the ground control station 

from which he or she is piloting the UAS.

F. 91.103: Preflight Action 
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Petitioner seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar 

with specific information before each flight, including information contained in the FAA-approved Flight 

Manual on board the aircraft. While the PIC will be familiar with all information necessary to safely 

conduct the flight, an exemption is requested to the extent that an FAA-approved Flight Manual is 

required. 

Adherence to the requirements in the operating documents will ensure that the UAS is in an 

airworthy condition prior to flight. The PIC will perform a series of checklists designed to identify any 

defects or inoperable components, which cover pre-flight, take-off, landing and post-flight procedures. 

The PIC will also be required to review weather, flight requirements, battery charge, landing and takeoff 

distance, UA performance data, and contingency landing areas—before initiation of flight. Petitioner’s 

operating documents will be kept at the ground control station and will be accessible to the PIC at all 

times while operating the UAS. 

G. 91.109(a): Flight Instruction 

Petitioner seeks an exemption from 14 C.F.R. § 91.109(a), which provides in pertinent part that 

“[n]o 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.” UAS and remotely piloted aircraft, by 

their design, do not have functional dual controls. Instead, flight control is accomplished through the use 

of a device that communicates with the aircraft via radio communications. Accordingly, an exemption 

will be required for the flight instruction requirements of 14 C.F.R. § 91.109(a). 

Given the size and speed of the UAS that Petitioner intends to use, an equivalent level of safe 

training can still be achieved without dual controls because no pilot or passengers are aboard the UAS, 

and as required by the operating documents, all persons will be a safe distance away in the event that 

the UAS experiences any difficulties during flight instruction. Moreover, all flight training will be 

conducted in controlled and sterile environment. As a whole, the procedures provided for in the 

operating documents ensure that UAS flight instruction can be performed safely. 

H. 91.119(c): Minimum Safe Altitudes Over Other Than Congested Areas 

IFG requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 

91.119(c). 15 Section 91.119 prescribes the minimum safe altitudes under which aircraft may not 

operate, including 500 feet above the surface and away from any person, vessel, vehicle, or structure in 

non-congested areas. See 14 C.F.R. § 91.119(c). 

An exemption is required because the proposed UAS operations will normally need to occur 

below 400 feet AGL. Additionally, due to the nature of the proposed operations, the PIC and/or 

Observers may need to be less than 500 feet away from the UAS. Compared to flight operations with 

rotorcraft weighing far more than the maximum weights proposed herein, and given the lack of 

flammable fuel with the UAS, any risk associated with these operations is far less than those that 

presently exist with conventional aircraft. 
U.S. Department of Transportation 

March 1, 2016

Page 15

An equivalent level of safety will be achieved given the size, weight, and speed of the UAS, as 

well the controlled location where the operations will occur. In order to avoid any risk to manned 

aircraft, flight operations will be restricted to below 400 feet AGL. As set forth in the operating 

documents, the UAS will be operated in a controlled environment, and all flights will occur at a lateral 

distance of at least 500 feet from nonparticipating persons, unless that person is in a position where he 

or she is shielded from the UAS and any possible debris resulting from UAS failure. Procedures will be in 

place to ensure flight operations can be safely terminated if a nonparticipating person within 500 feet of 

the UAS leaves a shielded position. Further, UAS operations will occur at least 500 feet away from 

vehicles or structures unless the property owner/controller has granted permission and the PIC has 

made a safety assessment of the risk of operating closer to those objects, and operations near the PIC or 

Observer will not present an undue hazard per § 91.119(a). Adherence to these restrictions in IFG’s 

operating documents will ensure the proposed operations can be conducted without compromising 

safety to persons or property on the ground. 

I. 91.121: Altimeter Settings 

To the extent necessary for IFG to conduct the proposed operations, Petitioner requests an 

exemption from 14 C.F.R. § 91.121, which 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. 

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. § 91.121 

can be achieved in circumstances where: (1) the UAS will be operated 400 feet AGL or below, (2) within 

VLOS, (3) where GPS based altitude information is relayed in real time to the operator at a ground-based 

on-screen display and, (4) where prior to each flight, a zero altitude initiation point is established for the 

PIC to confirm accuracy of the onboard GPS.

The UAS that Petitioner intends to use for performing the proposed operations meet all these 

operational characteristics. Moreover, the operating documents require the PIC to calibrate the 

aircraft’s GPS compass prior to each flight operation. As the FAA has determined in circumstances 

similar to this Petition for Exemption, Petitioner’s UAS and the safety mitigation procedures contained in 

the operating documents, ensure that an equivalent level of safety will be achieved, and a grant of 

exemption to the requirements of § 191.121 is therefore appropriate.

J. 91.151(a): Fuel Requirements for Flight in VFR Conditions 

IFG requests an exemption from 14 C.F.R. § 91.151(a)’s fuel requirements for flight in VFR 

conditions. Section 91.151 states: 

(a) No person may begin a flight in an airplane under VFR conditions unless (considering wind 

and forecast weather conditions) there is enough fuel to fly to the first point of intended landing 

and, assuming normal cruising speed –

(1) During the day, to fly after that for at least 30 minutes; or 
U.S. Department of Transportation 

March 1, 2016

Page 16

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

Here, the technological limitations on UAS battery power means that no meaningful 

flight operations can be conducted while still maintaining a 30-minute battery reserve. An 

exemption from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required. 

The FAA has previously granted relief from the fuel requirements of § 91.151(a) for 

flight in daytime VFR conditions in circumstances similar to those presented in this Petition for 

Exemption.18 In Exemption No. 11213 to Aeryon Labs, Inc.19, the FAA determined that a 

requirement prohibiting the PIC from beginning a UAS flight unless (considering wind and 

forecast weather conditions) there was enough available power for UAS to operate for the 

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

power recommended by the manufacturer if greater, would ensure an equivalent level of safety 

to the fuel requirements of § 91.151(a). 20 Petitioner’s operating documents impose this same 

requirement and an exemption from § 91.151(a)’s fuel requirements for flight in VFR conditions 

is therefore appropriate. 
U.S. Department of Transportation 

March 1, 2016

Page 17

VI. DRUG AND ALCOHOL PROGRAM 

IFG will have policies in place to ensure that no person may participate in UAS flight operations 

if they are under the influence of alcohol or any drug. 

VII. PUBLIC INTEREST 

The public interest will be served by granting IFG’s Petition for Exemption. Congress has 

established a national policy that favors early integration of UAS into the NAS in controlled, safe working 

environments such as those proposed in this Petition. Granting this Petition for Exemption helps fulfill 

Congress’ goal in passing Section 333(a) through (c) of the Reform Act—the FAA Administrator’s 

assessment of whether certain UAS may operate safely in the NAS before completion of the statutorily 

required rulemaking. 

More importantly however, and as recognized by the FAA in prior grants of exemption allowing 

commercial operation of UAS for purposes similar to those described herein, granting the requested 

exemptions will significantly improve safety and reduce risk by alleviating the public’s exposure to 

danger and emissions associated with using manned aircraft to perform equivalent aerial data 

collection. Petitioner’s UAS are battery powered and create no emissions. Moreover, in the unlikely 

event that one of Petitioner’s UAS crash, there is no fuel to ignite and explode. Any accident involving 

Petitioner’s lightweight UAS will present significantly less danger to the pilot and other individuals on 

the ground than one involving a full size aircraft. 

VIII. PRIVACY 

All UAS operations under the exemption will be conducted in accordance with applicable 

federal, state, or local laws regarding privacy. 

IX. FEDERAL REGISTER SUMMARY 

The following summary is provided pursuant to 14 C.F.R. Part 11: Petitioner seeks an exemption 

from the following rules in Title 14 of the Code of Federal Regulations: 

45.23(b); 45.27(a); 61.113; 61.101(e)(4) and (5); 91.7(a); 91.9(b)(2); 91.9(c); 91.103; 91.109(a); 

91.119(b); 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(1); 91.409(a)(1) & (2); 

91.417 (a) & (b). 

The exemption will enhance safety by reducing risk to the general public and property owners 

from the substantial hazards associated with using conventional fixed-wing aircraft or, rotorcraft 

for aerial data collection in support of commerial operations. 
U.S. Department of Transportation 

March 1, 2016

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X. CONCLUSION 

IFG’s Petition for Exemption satisfies the criteria articulated in Section 333 of the Reform Act of 

2012, including weight, speed, operating capabilities, proximity to airports and populated areas, 

operation within VLOS and national security. The proposed operations in this Petition for Exemption are 

similar to those in previously issued grants of exemptions, and they would benefit the public as a whole 

by improving safety. In consideration of the foregoing, this Petition for Exemption provides the FAA with 

all the necessary justification for issuance of a Grant of Exemption allowing IFG to use small UAS for 

aerial data collection in support of its newsgathering and reporting activities. 

We thank you for your prompt consideration of our requested exemptions. Should you have any 

questions, or if you need additional information to support the requested exemptions, please do not 

hesitate to contact the undersigned. 

Very truly yours, 

Richard Haller

Member, InFlyte Group. LLC