December 7, 2015 

U.S. Department of Transportation, 

Docket Operations West Building 

Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Re: Exemption Request Section 333 of the FAA Reform Act and Part II of the 

Federal Aviation Regulations – Marbach, Brady & Weaver, Inc. 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 

2012 (the "Reform Act") and 14 C.F.R. Part 11, Marbach, Brady & Weaver, Inc. 

("MBW"), the operator of Small Unmanned Aircraft Systems ("sUASs" or 

"UASs"), including the Lancaster Mk.III Rev.4 by PrecisionHawk USA, Inc., and 

the Inspire 1 Pro by DJI, seeks an exemption from the Federal Aviation 

Regulations ("FARs") listed below and discussed in Appendix A.1 MBW seeks 

exemption from the listed FARs to allow its use of the UASs in commercial 

operations with its clients, such as precision aerial surveys, including in the 

areas of construction, agriculture, architecture, scientific studies, real estate, 

forestry, and oil, power and gas industries, so long as such operations are 

conducted within and under the conditions outlined herein or as established by 

the FAA in an exemption granted under either Section 333 or Section 49 U.S.C. 

§ 44701(f)2. 

As discussed below, at pages 5-10, MBW is willing to abide by 

conditions the FAA has required in issuing recent Section 333 exemptions, 

specifically Exemptions 11109 (Clayco, Inc.) and 11110 (Trimble Navigation 

Ltd.). This agreement on MBW's part and the strong similarity of its operations 

to those approved in Exemptions 11109 and 11110 should give the FAA a basis 

for prompt consideration and processing of this request. 

 

1 See Pub. Law 112-95, 126 Stat. 11, § 333 (2012). 

2 MBW relies upon the following exemptions where specific reference to an exemption is not 

provided: Exemptions 11062 through 11067, 11080, 11109 through 11112, and 11114.
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Granting MBW's petition for exemption will further the public interest 

by allowing MBW to safely, efficiently, and economically perform aerial 

acquisition and research in support of its clients in industries such as 

government entities, construction, agriculture, architecture, scientific 

studies, real estate, forestry, while also furthering the development of the 

economy related to the oil, power, and gas industries. 

MBW proposes to use a small, lightweight UASs — the Lancaster 

Mk.III Rev.4 and the Inspire 1 Pro — and cloud-based software along with 

in-house software to collect, process, and analyze aerial data principally for 

purposes of precision surveying. In doing so, MBW would provide high 

quality and actionable information to its clients. Indeed, use of the Lancaster 

Mk.III Rev.4 and the Inspire 1 Pro would contribute to various social goods, 

from precision aerial surveys in construction projects to environmental 

protection to improved crop yields. In providing this service, MBW would 

empower crop researchers and farmers to make better management 

decisions through software that identifies disease and insects, nutrient 

deficiencies, and materials for increasing yields with fewer resources. These 

developments would increase economic growth, which would be in the 

public interest. 

Operations under the exemption will be subject to strict operating 

requirements and conditions to ensure at least an equivalent level of safety to 

currently authorized operations using manned aircraft and under conditions as 

may be modified by the FAA as required by Section 333. By authorizing UAS 

operations, the FAA would advance the public interest by reducing the number 

of manned aircraft in the National Airspace System; reducing air and noise 

pollution; reducing the risk to life and property on the ground; and increasing 

agricultural economic growth. 

As described more fully below, the requested exemption would 

authorize commercial operations of aerial surveys using the Lancaster Mk.III 

Rev.4 by PrecisionHawk USA, Inc., which with a maximum take-off weight of 

7.5 lbs. is small in size. The Lancaster will be operated under controlled 

conditions at low altitude in airspace that is limited in scope, as described more 

fully herein; it will have automated control features, as described herein. 

As described more fully below, the requested exemption would 

authorize commercial operations of aerial surveys using the Inspire 1 Pro by 

DJI which with a maximum take-off weight of 7.7 lbs. is small in size. The Inspire 

1 Pro will be operated under controlled conditions at low altitude in airspace 
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that is limited in scope, as described more fully herein; it will have automated 

control features, as described herein. 

MBW respectfully submits that because these small, unmanned aerial 

vehicles will be used in lieu of comparatively hazardous operations now 

conducted with fixed wing and rotary conventional aircraft, the FAA can have 

confidence that the operations will achieve at least an equivalent level or greater 

level of safety. Approval of this exemption would thereby enhance safety and 

fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities 

under Section 333(c) of the Reform Act to "establish requirements for the safe 

operation of such aircraft systems in the national airspace system." 

The name and address of the applicant are: 

Marbach, Brady & Weaver, Inc. 

Attn: Christian F. Marbach, Owner 

3220 Southview Drive 

Elkhart, IN 46514 

Ph: 574-266-1010 

Email: chris@marbachpls.com 

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

14 C.F.R. § 61.113(a) & (b); 

14 C.F.R. § 61.133(a)

;

 

14 C.F.R. § 91.7(a); 

14 C.F.R. § 91.119(c)

;

 

14 C.F.R. § 91.151(a)

;

 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) 

Appendix A discusses each rule listed above and explains why 

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

provide an equivalent level of safety, and are in the public interest. Appendix B 

provides the requisite Federal Register summary. 
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SECTION 333 LEGAL STANDARD 

MBW submits that grant of this exemption application for use of the 

UASs in precision aerial surveys will advance the Congressional mandate in 

Section 333 of the Reform Act to accelerate the introduction of UASs into the 

national airspace system ("NAS") if it can be accomplished safely. This law 

directs the Secretary of Transportation to consider whether certain UASs may 

operate safely in the NAS before completion of the rulemaking required under 

Section 332 of the Reform Act. In making this determination, the Secretary is 

required to determine which types of UASs do not create a hazard to users of 

the NAS or the public or pose a threat to national security in light of the 

following: 

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

 Operation of the UAS in close proximity to airports and populated 

areas; and 

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

Reform Act § 333(a)(1). If the Secretary determines that such vehicles "may 

operate safely in the national airspace system, the Secretary shall establish 

requirements for the safe operation of such aircraft in the national airspace 

system." Id. § 333(c) (emphasis added).3 

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, from the requirement 

that all civil aircraft must have a current airworthiness certificate and those 

regulations requiring commercial pilots to operate aircraft in commercial 

service: 

The Administrator may grant an exemption from a requirement 

of a regulation prescribed under subsection (a) or (b) of this 

section or any of sections 4470244716 of this title if the 

Administrator finds the exemption is in the public interest. 

 

3 Applicant submits that this provision places a duty on the Administrator to not only process 

applications for exemptions under Section 333, but for the Administrator, if he deems the conditions 

proposed herein required modification to allow approval, to supply conditions for the safe operation 

of the UAS. MBW welcomes the opportunity to consult with FAA staff in order to address any issues 

or concerns that this proposal may raise that they believe may require modification.
 12/5/2015 4:15 PM Page 5 of 16 

49 U.S.C. § 44701(f). See also 49 U.S.C. § 44711(a); 49 U.S.C. § 44704; 14 

C.F.R. § 91.203(a)(1). 

The grant of the requested exemption is in the public interest based on 

the clear direction in Section 333 of the Reform Act; the additional authority in 

the Federal Aviation Act, as amended; the strong equivalent level of safety 

surrounding the proposed operations; and the significant public benefit, 

including enhanced safety and cost savings associated with transitioning to 

UASs for aerial surveying. Accordingly, the applicant respectfully requests that 

the FAA grant the requested exemption without delay.4 

EQUIVALENT LEVEL OF SAFETY 

The applicant proposes that the exemption requested herein apply to civil 

aircraft that have the characteristics and that operate with the limitations listed 

herein. These limitations provide for at least an equivalent or even higher level 

of safety to operations under the current regulatory structure because the 

proposed operations represent a safety enhancement to operations that would 

be conducted with conventional aircraft. These conditions are drawn from 

Exemptions 11062 through 11067, 11080, 11109, and 11110. 

These limitations and conditions to which MBW (or "operator") agrees to be 

bound when conducting commercial operations under an FAA issued 

exemption include: 

1. Operations of the Lancaster Mk.lll Rev.4 are limited to the specifications 

described in the manuals prepared by PrecisionHawk USA, Inc., which 

is a miniature propeller airplane built by PrecisionHawk USA, Inc. that 

weighs less than eight pounds (the "UA" or "UAS"). 

2. Operations of the Inspire 1 Pro are limited to the aircraft described in the 

manuals prepared by DJI, which is a miniature propeller quadcopter built 

by DJI that weighs less than eight pounds (the”UA” or “UAS”). 

3. Proposed operations of any other aircraft will require a new petition or a 

petition to amend this grant. 

 

4

In filing this application, MBW also is requesting that the FAA combine the grant of the Section 333 

exemption with a stand-alone Certificate of Operation ("COA") that will allow commercial operations 

of the Lancaster Mk.lll Rev.4 and the Inspire 1 Pro without the necessity of filing for a COA for each 

flight. Compliance with the conditions agreed to herein and that may be imposed by the FAA, as set 

forth in prior Section 333 exemptions, provide the separation needed from other aircraft. Notice to 

airmen and notice to air traffic control can be provided by the filing of a NOTAM as set forth within 

the proposed conditions.
 12/5/2015 4:15 PM Page 6 of 16 

4. The UA may not be flown at an indicated airspeed exceeding 50 knots. 

5. The UA may be operated at an altitude of no more than 400 feet above 

ground level ("AGL"), as indicated by the procedures specified in the 

UAS manuals referenced herein. All altitudes reported to Air Traffic 

Control ("ATC") must be in feet AGL. 

6. The UA must be operated within visual line of sight ("VLOS") of the pilotin-command ("PIC") at all times. This requires the PIC to be able to use 

human vision unaided by any devise other than corrective lenses, as 

specified on the PIC' s FAA-issued airman medical certificate. 

7. All operations must utilize a visual observer ("VO"). 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. 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 functions prescribed in the operator's 

manual. 

8. The manuals must be amended to include all conditions and limitations 

required by the FAA. The manuals must be maintained and made 

available to the Administrator upon request. If a discrepancy exists 

between the conditions and limitations in the exemption and the 

procedures outlined in the manuals, the conditions and limitations in the 

exemption take precedence and must be followed. Otherwise, the 

operator must follow the procedures as outlined in the manuals. The 

operator may update or revise the manuals. It is the operator's 

responsibility to track such revisions and present updated and revised 

documents to the Administrator upon request. The operator must also 

present updated and revised documents if it petitions for an extension 

or amendment of this 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 amendment to its 

exemption. 

9. Prior to each flight, the PIC must inspect the UAS to ensure it is in a 

condition for safe flight. 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. The ground control station must 
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be included in the preflight inspection. All maintenance and alterations 

must be properly documented in the aircraft records. 

10. 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 in accordance 

with the operator's manual. The PIC who conducts the functional test 

flight must make an entry in the UAS aircraft records of the flight. The 

manuals include this requirement. 

11. The preflight inspection section in the manuals includes the following 

requirement: the preflight inspection must account for all discrepancies, 

i.e., inoperable components, items, or equipment, not covered in the 

relevant preflight inspection sections of the operator's manual. 

12. The operator must follow MBW's UA aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements, with 

particular attention to flight critical components that may not be 

addressed in the manufacturer's manuals. 

13. Operator must carry out its maintenance, inspections, and record 

keeping requirements in accordance with the manuals. Maintenance, 

inspection, and alterations must be noted in the aircraft logbook, 

including total flight hours, description of work accomplished, and the 

signature of the authorized technician returning the UAS to service. 

14. The authorized technicians must receive and document training 

referenced in the manuals. 

15. Each UAS operated under the exemption must comply with all MBW 

system and safety bulletins. 

16. Operator's maintenance personnel must make a record entry in the 

UAS logbook or equivalent document of the corrective action taken 

against discrepancies discovered between inspections. 

17. The PIC must possess at least a private pilot certificate and a third-class 

airman medical certificate. The PIC must also meet the flight review 

requirements specified in 14 C.F.R. 61.56 as to the UAS. 
 12/5/2015 4:15 PM Page 8 of 16 

18. The operator may not permit any PIC to operate unless that PIC has 

demonstrated through MBW's training and currency requirements that 

the PIC is able to safely operate the UA in a manner consistent with how 

the UAS will be operated under this exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from 

people, vessels, vehicles, and structures. 

19. 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 and land or be recovered in accordance with the manuals. 

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

emergencies in accordance with the manuals. 

21. The PIC is prohibited from beginning a UAS flight unless (considering 

wind and forecast weather conditions) there is enough power to fly to 

the first point of intended landing and, assuming normal cruising speed, 

to fly after that for at least 10 minutes. 

22. The operator will file a request for a Notice to Airmen (NOTAM) not more 

than 72 hours in advance, but not less than 48 hours prior to the 

operation. 

23. All aircraft operated in accordance with the exemption must be identified 

by serial number, registered in accordance with 14 C.F.R. part 47, and 

have identification (N-Number) markings in accordance with 14 C.F.R. 

part 45, Subpart C. Markings must be as large as practicable. 

24. Before conducting operations, the radio frequency spectrum used for 

operation and control of the UA must comply with the Federal 

Communications Commission ("FCC") or other appropriate government 

oversight agency requirements. 

25. The documents required under 14 C.F.R. 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. 

26. The UA must remain clear and yield the right of way to all other manned 

operations and activities at all times (including, but not limited to, 
 12/5/2015 4:15 PM Page 9 of 16 

ultralight vehicles, parachute activities, parasailing activities, hang 

gliders, etc.). 

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

vehicle. 

28. UAS operations may not be conducted during night, as defined in 14 

C.F.R. 1.1. 

29. All operations shall be conducted in Class G airspace. 

30. All operations must be conducted under visual meteorological 

conditions ("VMC"). 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. 

31. During operations in Class G airspace, the UA may not operate within 

5 nautical miles of the geographic center of an airport as denoted on a 

current FAA-published aeronautical chart unless a letter of agreement 

with that airport's management is obtained, and the operation is 

conducted in accordance with a NOTAM as required by the operator's 

COA. The letter of agreement with the airport management must be 

made available to the Administrator upon request. 

32. The UA may not be operated over congested or densely populated 

areas unless the conditions set forth in #33 are satisfied. These 

populated areas include, but are not limited to, the yellow areas 

depicted on World Aeronautical Charts ("WAC"), Sectional Aeronautical 

Charts ("Sectionals"), or Terminal Area Charts ("TAC"). However, 

aeronautical charts may not reflect pertinent local information. 

Ultimately, it is the PIC's responsibility to maintain the minimum safe 

altitudes required by § 91.119. 

33. Operations must be conducted at least 500 feet from all nonparticipating 

persons (persons other than the PIC or VO), vessels, vehicles, and 

structures unless: 

a. barriers or structures are present that sufficiently protect 

nonparticipating persons from debris in the event of an accident. 

The operator must ensure that nonparticipating persons remain 

under such protection. If a situation arises in which nonparticipating 
 12/5/2015 4:15 PM Page 10 of 16 

persons leave such protection and are within 500 feet of the UA, 

flight operations must cease immediately; and/or 

b. the aircraft is operated near vessels, vehicles, or structures where the 

land owner/controller has granted permission and the PIC has made a 

safety assessment of the risk of operating closer to those objects; and 

c. operations near the PIC or VO do not present an undue hazard to 

the PIC or VO, per § 91.119(a). 

34. All operations shall be conducted over private or controlled-access 

property with permission from the land owner/controller or authorized 

representative. Permission from land owner/controller or authorized 

representative will be obtained for each flight to be conducted. 

35. In the event COAs are required, 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. 

Regarding privacy, all flights will occur over private or controlled access 

property with the property owner's prior consent and knowledge. Inspection will 

be in areas where the owners will have consented to the inspections or 

otherwise have agreed to allow the UAS and the operator to be in the area 

where inspection will take place. 

No national security issue is raised by the grant of this exemption. Given 

the size, load carrying capacity, speed at which it operates, and the fact that it 

carries no explosives or other dangerous materials, the UAS poses no threat 

to national security. 

In summary, MBW seeks an exemption from the FARs set forth in 

Appendix A to operate commercially a small unmanned vehicle (55 lbs. or less) 

in precision aerial survey operations. Approval of this exemption for commercial 

aerial survey operations will enhance safety by reducing risk. Conventional 

operations, using jet or piston powered aircraft, operate at extremely low 

altitudes just feet from the subject being inspected and in extreme proximity to 

people and structures. Such manned operations present the risks associated 

with vehicles that weigh in excess of 6,000 lbs., carrying large amounts of jet A 

or other fuel. Such aircraft must fly to and from the project location. In contrast, 

a UAS weighing fewer than eight lbs. and powered by batteries eliminates 
 12/5/2015 4:15 PM Page 11 of 16 

virtually all of that risk given the reduced mass and lack of combustible fuel 

carried on board. The UAS is carried to the target area and not flown. The UAS 

will carry no passengers or crew and, therefore, will not expose them to the 

risks associated with manned aircraft flights. 

 The operation of small UASs, weighing less than eight lbs., conducted in 

the strict conditions outlined above, will provide an equivalent level of safety 

supporting the grant of the exemptions requested herein. These lightweight 

aircraft operate at slow speeds, close to the ground, and in areas that are under 

the control of the customer. As a result, they are far safer than conventional 

operations conducted with manned aircraft operating in close proximity to the 

ground and people. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 

2012 — size, weight, speed, operating capabilities, proximity to airports and 

populated areas, and operation within visual line of sight and national security 

— provide more than adequate justification for the grant of the requested 

exemptions allowing commercial operation of applicant's UAS for the purposes 

outlined herein and are consistent with exemptions already granted, including 

Exemptions 11062 through 11067, 11080, 11109 through 11112, and 11114. 

Sincerely, 

 MARBACH, BRADY & WEAVER, INC. 

 Christian F. Marbach, PS, & Owner 
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APPENDIX A 

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY 

SHOWINGS 

UNDER APPLICABLE RULES SUBJECT TO EXEMPTION 

MBW requests an exemption from the following regulations as well as 

any additional regulations that may technically apply to the operation of the 

UAS described herein, including but not limited to regulations requiring 

manuals, certificates, and other similar items to be carried on an aircraft: 

14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; 

Pilot in Command; Commercial Pilot Privileges and Limitations. 

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

Unlike a conventional aircraft that carries a pilot, passengers, and cargo, the 

UAS in this case is remotely controlled with no passengers or property of others 

on board. Section 61.133(a) requires an individual with a commercial pilot's 

license to be pilot in command of any aircraft for compensation or hire. MBW 

respectfully proposes that operator requirements should take into account the 

characteristics of the particular UAS. The Lancaster Mk.lll Rev.4 has a high 

degree of preprogrammed control and various built-in technical capabilities that 

strictly limit the potential for operation outside of the operating conditions set 

forth in the exemption application. 

The UAS has an autonomous navigation and control system. Flights are 

pre-programmed with precision GPS guidance and do not require human 

intervention. In the case of unplanned events, the operator can manually 

intervene to take one of the following actions: (i) command the aircraft to begin 

to autonomously return to the recovery area and land; (ii) command the aircraft 

to autonomously return to the recovery area where the pilot will assume control 

and land the aircraft; or (iii) manually assume control of the aircraft via the hand 

controller and return the craft to the recovery area where the operator lands it. 

Additional automated safety functions and safety enhancing features of the 

UAS include the following: 

 Auto-pilot detection of lost UPS or of insufficient satellites initiates a 

stand-by loiter pattern until such time as UPS is re-established or the 

PIC assumes manual control of the aircraft. 

 Low battery power on the aircraft (10.4 volts) triggers the landing 

sequence and the craft will fly to the recovery area. 
 12/5/2015 4:15 PM Page 13 of 16 

 If the auto-pilot detects a lost-link to the ground control station for longer 

than 30 seconds, landing procedure begins. 

 The aircraft, weighing fewer than 8 lbs., fully loaded, is constructed of 

foam, which is intended to absorb impact energy. 

 In the event the ground station reaches a low power state, it will alert the 

pilot. 

Given these safety features, MBW proposes that operators of the UAS 

should not be required to hold a commercial pilot certification. Instead, 

operators should be required to hold only a private pilot certification. 

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

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

the level of risk associated with commercial operations contemplated by Part 

61 with conventional aircraft (fixed wing or rotorcraft) that allowing operations 

of the UAS as set forth above meets or exceeds the present level of safety 

provided under 14 C.F.R. § 61.113(a) & (b) and does not rise to the level of 

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

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

provided by allowing operation of the UAS with a private pilot's certificate, under 

the conditions set forth in the exemption request. The FAA has granted 

exemptions to conduct similar operations in Exemptions 11062 through 11067, 

11080, 11109, and 11110. 

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 

that the operator has agreed to as relates to airworthiness, as set forth in the 

UAS manuals referenced herein, an equivalent level of safety will be achieved 

by ensuring compliance with the UAS manuals referenced herein prior to each 

flight. The FAA has granted exemptions to conduct similar operations in 

Exemptions 11062 through 11067, 11080, 11109, and 11110. 

14 C.F.R. § 91.119(c): 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. 
 12/5/2015 4:15 PM Page 14 of 16 

As set forth herein, the UAS will never operate at higher than 400 feet 

AGL. It will, however, be operated to avoid congested or populated areas that 

are depicted in yellow on VFR sectional charts. Because aerial survey work 

must be accomplished at relatively low altitudes and at altitudes less than 500 

feet AGL, an exemption from Section 91.119(c) is needed. 

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

speed, and material with which the UAS is built. Also, no flight will be taken 

without the permission of the landowner 

or those who control the land as well as local officials. Because of advance notice 

to the landowner, all affected individuals will be aware of the survey flights. 

Compared to aerial survey operations conducted with aircraft or rotorcraft 

weighing far more than 5.5 lbs. and carrying flammable fuel, any risk associated 

with these operations will be far less than the risks currently posed by 

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

operations of the UAS will maintain separation between these small-UAS 

operations and the operations of conventional aircraft that must comply with 

Section 91.119. The FAA has granted exemptions to conduct similar operations 

in Exemptions 11062 through 11067, 11080, and 1110. 

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

understands that the batteries powering the UAS provide approximately 60 

minutes of powered flight. Without an exemption from § 14 C.F.R. 91.151, the 

UAS's flights would be limited to approximately 30 minutes in length. Given the 

limitations on its proposed operations and the location of those proposed 

operations, a longer time frame for flight in daylight VFR conditions is 

reasonable. 

MBW believes that an exemption from 14 C.F.R. § 91.151(a) is safe and 

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

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

small UAS without 30 minutes of reserve fuel does not engender the type of risks 

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

the UAS operates. The fact that it carries no pilot, passenger, or cargo also 
 12/5/2015 4:15 PM Page 15 of 16 

enhances its safety. Limiting UAS flights to 30 minutes would greatly reduce their 

utility. In the unlikely event that the UAS achieves a low battery state (10.4 volts), 

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

than contemplated by the current regulation. 

MBW believes that an equivalent level of safety can be achieved by 

maintaining 15 minutes of reserve fuel, which, allowing 45 minutes of flight time, 

would be more than adequate to return the UAS to its planned landing zone 

from anywhere in its operating area. 

Similar exemptions have been granted to other operators, including 

Exemptions 2689F, 5745, 10673, 10808, and Exemptions 11062 through 

11067, 11080, 11109, 1110, and 11112. 

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 airworthiness 

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. 

Maintenance of the UAS will be accomplished pursuant to the UAS 

manuals referenced herein. An equivalent level of safety will be achieved 

because the UAS is small in size, will carry a small payload, will operation only 

in restricted predetermined areas and is not a complex mechanical device. As 

provided in the manuals, the operator will ensure that the UAS is in working order 

prior to initiating flight, perform required maintenance, and keep a log of any 

maintenance that is performed; moreover, the operator is the person most 

familiar with the aircraft and is best suited to maintain the aircraft in an airworthy 

condition and to ensure an equivalent level of safety. The FAA has granted 

exemptions for similar operations in Exemptions 11062 through 11067, 11080, 

11109, 11110, and 11112 

APPENDIX B 
 12/5/2015 4:15 PM Page 16 of 16 

SUMMARY OF MBW SECTION 333 EXEMPTION REQUEST 

For publication in the Federal Register, MBW hereby provides pursuant 

to Part 11 a summary of its exemption application to allow commercial 

operation by MBW of the Lancaster Mk.lll Rev.4 and the Inspire 1 Pro 

unmanned aircraft in precision aerial survey work. An exemption is requested 

from the following regulations: 

14 C.F.R. § 61.113(a) & (b); 

14 C.F.R. § 61.133(a); 

14 C.F.R. § 91.7(a); 

14 C.F.R. § 91.119(c); 

14 C.F.R. § 91.151(a); 

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)