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November 3, 2014

U.S. Department of Transportation

Docket Operations

West Building Ground Floor, Room W12-140 Electronically Submitted via

1200 New Jersey Ave., SE www.regulations.gov

Washington, DC 20590

Regarding: The Dow Chemical Company Petition for Section 333 Exemption

pursuant To Section 333 of the FAA Reform Act of 2012 and Part 11 of 

the Federal Aviation Regulations from 14 CFR Part 21; 61.113(a) and (b); 

91.103; 91.119(c); 91.121; 91.151(a)(1); 91.405(a); 91.407(a)(1); 

91.409(a)(1) and (2); 91.417(a) and (b).

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, The Dow Chemical Company (“Dow” or 

“Petitioner”) hereby submits this petition for exemption to authorize civil operations of 

small Unmanned Aircraft Systems (“sUAS”) for the purposes of aerial inspection and 

environmental monitoring of chemical plant production, transmission and storage 

facilities owned and operated by Dow and/or by Dow’s wholly-owned subsidiaries, 

located in the United States. 

Operations will be conducted by Dow within and under the conditions outlined herein or 

as may be established by the FAA as required by Section 333. 

As described below, the requested exemption would permit the operation of sUAS for 

inspection of chemical facilities in the United States owned and operated by Dow and/or 

by Dow’s wholly-owned subsidiaries. For convenience, the petition will refer to these as 

“Dow’s Facilities.” The sUAS will provide Dow maintenance and reliability engineers 

with high-resolution imagery of plant infrastructure and equipment, including flare 

stacks, elevated pipelines and power lines, tanks, and roofs within the secured confines of 

Dow’s Facilities. Such sUAS operation will provide safety enhancements in the facility 

and surrounding areas and increase efficiency and reliability of facility inspections. The 

use of sUAS will reduce the risk of inspections by eliminating the need for human 

inspection by personnel on permanent and temporary elevated structures currently being 

performed by rope access, scaffolding, bucket trucks, and ladders. SUAS operation will 

improve efficiency and reliability of inspections by allowing for higher quality 
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inspections which serve the public interest by providing accelerated awareness of 

hazardous unexpected events that could impact plant personnel and the surrounding 

environments and communities.

The Reform Act gives the Secretary of Transportation the authority to determine if 

certain sUAS may operate safely in the national airspace system (“NAS”) before 

completion of the FAA’s plan and rulemaking to integrate sUAS into the NAS. The Act 

directs the Secretary to consider which types of sUAS as a result of their size, weight, 

speed, operational capability, proximity to airports and populated areas, and operation 

within visual line of sight do not create a hazard to users of the national airspace or a 

threat to national security. If the Secretary determines that such vehicles may operate 

safely in the NAS, the Secretary “shall establish requirements for the safe operation of 

such aircraft.”1 Dow’s request for exemption falls within the Section 333 requirements.

The granting of this exemption request will provide immediate benefit to Dow by 

authorizing highly controlled sUAS operations within a very restricted, secured 

environment at Dow’s owned and operated facilities. Failure to grant this exemption will 

cause unnecessary delay of an active program within Dow to develop methods and 

standards for sUAS operations.

Dow is not an indirect service provider or contractor, but is a direct operator with an 

immediate need for the requested sUAS exemption. The scope of this request is narrow; 

it is limited to Dow’s Facilities, which are chemical manufacturing, transmission and 

storage facilities in the United States, owned and operated by Dow and/or by Dow’s 

wholly-owned subsidiaries. The operation and inspection of Dow’s Facilities will 

comply with all Federal, State, and Local regulations. This operation will not be for 

compensation or hire.

Given the direction of Section 333 of the Reform Act, the strong equivalent level of 

safety surrounding the proposed operations, and the significant public interest benefits 

including the provision of more efficient and safer facility inspections, Dow respectfully 

requests that the FAA grant the requested exemption. 

The name and address of the applicant is:

The Dow Chemical Company 

Attn: Thomas L. Mounger, Director of Operations/Chief Pilot

3259 Harriet Quimby Avenue

Baton Rouge Metropolitan Airport

 

1 Reform Act § 333(b). 
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Baton Rouge, LA 70807

Fax: 225-345-1561

Phone: 225-354-1559

Email: tlmounger@dow.com

Chemical Plant Inspection by sUAS Serves the Public Interest

1. SUAS inspection is safer than human inspection. Plant inspection without sUAS

requires qualified inspectors to be in close proximity to plant infrastructure and 

equipment, including flare stacks, elevated pipelines and power lines, tanks, and 

roofs within the secured confines of Dow’s Facilities. Inspectors need to climb 

towers or otherwise perform elevated work, which exposes them to the risk of 

dangerous falls. In addition, proximity to the equipment involves a risk of 

exposure to hazardous chemicals or oxygen-deficient atmospheres, burns from 

steam or from hot equipment, and other mechanical hazards associated with 

industrial equipment. 

2. SUAS inspection is of higher quality, more reliable, and can be reviewed by 

Subject Matter Experts (SMEs). SUAS inspections allow for the collection, 

dissemination and storage of visual and other sensory data with greater precision 

and duration.

3. SUAS inspection is more efficient and less costly.

4. SUAS inspection is safer than traditional manned commercial aircraft. In cases 

where commercial helicopters are employed for plant inspection, a significant 

flight equipment malfunction can result in severe collateral damage to the plant

and personnel. SUAS’s are less likely to cause damage in the event of contact.

The Dow Chemical Company Corporate Summary

1. Dow combines the power of science and technology to passionately innovate 

what is essential to human progress. The Company is driving innovations that 

extract value from the intersection of chemical, physical and biological sciences 

to help address many of the world's most challenging problems such as the need 

for clean water, clean energy generation and conservation, and increasing 

agricultural productivity. Dow's integrated, market-driven, industry-leading 

portfolio of specialty chemicals, advanced materials, agrosciences and plastics 

businesses deliver a broad range of technology-based products and solutions to 
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customers in approximately 180 countries and in high growth sectors such as 

packaging, electronics, water, coatings and agriculture. In 2013, Dow had annual 

sales of more than $57 billion and employed approximately 53,000 people 

worldwide. The Company's more than 6,000 products are manufactured at 201 

sites in 36 countries across the globe. More information about Dow can be found 

at www.dow.com.

Dow Aviation Experience and Prior Efforts

1. Dow currently operates and has operational control of its own internal Corporate 

Flight Department which it has operated for more than fifty years. Currently Dow 

operates two (2) CRJ 700 aircraft under 14 CFR Part 125 in the furtherance of its 

U.S. Operations. 

2. Dow directly employees eleven (11) FAA Licensed Airline Transport Pilots and 

five (5) FAA Licensed Airframe and Powerplant Technicians in support of this 

operation. The current staff has over 75,000 accident free hours of commercial 

flight experience and more than 100 years of technician experience. Within this 

group we have several employees who are active within the noncommercial 

remote controlled arena. The Flight Department has also been monitoring the 

progress of commercial sUAS operations, both in the USA and overseas. This 

proposed sUAS operation shall be directed by Dow’s Corporate Flight 

Department and shall only be used for the benefit of Dow or its wholly owned 

subsidiaries at their secure facilities.

3. This request for exemption authority is a continuation of Dow’s research and 

development efforts to employ sUAS for chemical site inspection which began in 

2012 as described in the following paragraph. FAA’s grant of this request is a 

necessary step in order to continue the vital work that Dow has done to date, 

which will assist in protecting the public, Dow employees and infrastructure.

4. Dow has worked in close cooperation with Northwestern Michigan College

(NMC) under two Certificates of Waiver or Authorization (COA) permitting and 

regulating the research use of unmanned aircraft at Dow sites.

a. Certificate 2013-CSA-14 issued by the FAA to Northwestern Michigan 

College is effective from March 11, 2013 to March 10, 2015. This COA 

covers the “Operation of the Aeryon Scout Unmanned Aircraft System 

(SUASS) in Class G airspace at or below 400 feet Above Ground Level 

(AGL) at the Dow Chemical Facility in Freeport Texas under the 

jurisdiction of Houston Terminal Radar Approach Control (TRACON).”
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b. Certificate 2012-CSA-36 issued by the FAA to Northwest Michigan 

College was effective from September 14, 2012 to September 13, 2014. 

This COA covered the “Operation of the Aeryon Scout Unmanned 

Aircraft System (SUASS) in Class G airspace at or below 400’ Above 

Ground Level (AGL) in the vicinity of Midland, MI under the jurisdiction 

of Minneapolis Air Traffic Control Center.”

5. Dow understands that the FAA may be revising its views on private-public 

cooperation of this type,2and this makes the granting of this exemption request 

even more important to achieving the safety and efficiency objectives that were 

being pursued under these COAs, and expanding the resulting benefits to 

additional Dow facilities in the United States. Given the highly secured and 

regulated nature of Dow’s Facilities, the limited risk posed by such operations, 

and the essential role Dow played in working with NMC to develop standards and 

guidelines for the safe and effective use of sUAS, Dow is requesting this 

exemption be given full consideration by the FAA.

6. Dow operates in a highly regulated environment. Dow has a robust regulatory 

compliance culture and a keen understanding of the importance of extensive

security, planning, documentation and control of operations in a chemical plant 

environment; and as such Dow has the unique capability of developing and 

exercising the necessary procedures for safe and effective operations of sUAS at 

such facilities.

7. Dow’s Facilities where flights would occur have restricted access and perimeter 

security. This includes a perimeter fence system, manned access gates, 

identification badges that must be displayed at all times on site, a site security 

force, and other measures to ensure that only authorized personnel are allowed 

within the site. Visitors are escorted at all times. With these measures, Dow is 

fully able to establish safe zones for flights, and to exclude from those safe zones 

anyone whose presence is not necessary for purposes of the flight.

8. Dow maintains compliance with all laws and regulations that govern its 

operations. This includes security of chemical sites as directed by the Department 

of Homeland Security. Dow has already studied and developed procedures for 

integrating sUAS operations in a manner that complies with those laws and 

regulations. This 333 exemption request continues Dow’s commitment of 

 

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June 13, 2014 Memorandum from FAA Senior Attorney Karen Patronis to James Williams, Manager, 

FAA SUASS Integration Office.
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compliance in working with the FAA to serve the public interest, maintain the 

integrity of the NAS, and will not be a threat to national security.

SUAS Description – Aeryon SkyRanger

From the Internet site of the vendor: “The Aeryon SkyRanger is a small 

Unmanned Aerial System (sUAS) that sets the standard in aerial inspection. With 

an intuitive touch screen user interface and autonomous intelligence, SkyRanger

enables you to be in control of a professional quality aerial inspection. The 

Aeryon SkyRanger provides reliable flight performance even in demanding 

weather conditions.”

Endurance Up to 50-minute flight time (with payload)

Wind tolerance +40 mph

Environmental temperature range -22 - 122°F (-30 - 50°C)

Launch & recovery method Vertical Take-Off and Landing (VTOL)

Dimensions Deployed: 40 in. Diameter, 9.3 in. Height

Weight (without payload): 5.3 lbs

Radio frequencies: 900 MHz, 2.4 GHz, 5.8 GHz

Note: Aeryon Sky Ranger Manufacturers Users Guide available upon request.

Dow Should be Authorized to Operate sUAS to Inspect its Facilities in 

the United States

1. Dow proposes to directly operate sUAS by Dow employees and contractors only 

for the benefit of Dow and its wholly-owned subsidiaries at Dow’s Facilities. 

Dow shall not provide any sUAS services for compensation or hire.

This Exemption Request Is for Use of sUAS Subject to Extensive 

Operational and Safety Requirements

1. Safety

a. The sUAS PIC shall possess at least a private pilot certificate and at least a 

current third-class medical certificate.

i. The PIC shall also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on their 

pilot certificate.
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ii. The PIC shall be trained in the operation of the specific Make and 

Model of the sUAS being piloted.

iii. The PIC must have accumulated and logged, in a manner 

consistent with 14 CFR § 61.51 (b), a minimum of 200 flight 

cycles and 25 hours of total time as a sUAS rotorcraft pilot and at 

least ten hours logged as a sUAS pilot with a similar sUAS type 

(multirotor). Prior documented flight experience that was obtained 

in compliance with applicable regulations may satisfy this 

requirement.

iv. The PIC must have accumulated and logged, in a manner 

consistent with 14 CFR § 61.51 (b), a minimum of five hours as 

sUAS pilot operating the make and model of sUAS to be utilized 

for operations under the exemption and three take-offs and three 

landings in the preceding 90 days. 

v. Training, proficiency, and experience-building flights can also be 

conducted under this grant of exemption to accomplish the 

required flight cycles and flight time.

1. During training, proficiency, and experience-building 

flights, all persons not essential for flight operations are 

considered non-participants, and the PIC must operate the 

sUAS with appropriate distance from non-participants in 

accordance with 14 CFR § 91.119. 

b. The PIC and Safety Observer (SO) will be designated before each flight

i. Minimum crew for each operation will consist of the sUAS PIC 

and the SO.

c. The PIC and SO will always be within visual line of sight (VLOS) of each 

other and in direct verbal communication at all times.

d. Safety Briefings will be conducted before each day’s activities to include, 

but not limited to:

i. Designated roles of PIC and SO

ii. Risk Management and Mitigation

iii. Prior to the sUAS flight(s), a team comprised of the PIC, 

Environmental, Health & Safety (EH&S), and Process Safety from 

the Dow facility will visually inspect the flight path and 

surrounding area and equipment to identify potential concerns. A 
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sUAS safety checklist will be completed by the review team to 

ensure all areas of concern have been identified and addressed. A 

flight will NOT be conducted if a concern cannot be resolved.

iv. On the day of the flight a Dow safe work permit will be issued by 

Dow Production Operations within the facility where sUAS

activities will be conducted. Work permits will only be issued if it 

is determined the sUAS operation can be conducted safely within 

the facility.

2. SUAS Specifications and Design:

a. All sUAS flown under this exemption shall be less than 55 pounds 

including aircraft and payload. This exemption requests permission only 

with respect to the specific use of the Aeryon SkyRanger, which weighs 

less than 10 pounds including payload.

b. The radio frequency spectrum used for operation and control of the sUAS

shall comply with the Federal Communications Commission (FCC) or 

other appropriate government oversight agency requirements. 

c. Maximum speed shall be no more than 50 knots.

d. The sUAS shall be equipped with Inertial Navigation Sensor(s) 

(IRS/IRU/Accelerometer).

e. The sUAS shall be equipped with a Compass (Magnetometer/Heading 

Source).

f. The sUAS shall be equipped with a Global Positioning System (GPS)

guidance system.

g. The sUAS shall be designed, should it lose communications or lose its 

GPS signal, to return to a pre-determined location within the security 

perimeter and land or be recovered in accordance with Dow’s sUAS 

Operations Manual.
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3. Maintenance

a. SUAS shall be maintained in accordance with the manufacturer’s 

recommendations.

b. Dow will document and maintain a record of the sUAS maintenance, 

preventative maintenance, alterations, status of replacement/overhaul 

component parts, and the total time in service of the sUAS.

c. Dow shall comply with all manufacturer Safety Bulletins or equivalent 

pertaining to their sUAS.

d. Dow will maintain the sUAS under a Licensed Airframe and Powerplant 

technician’s direction.

e. The PIC shall perform a preflight inspection of the sUAS, controller, and 

ground control station prior to each flight to ensure it is operational with 

no discrepancies. If the preflight inspection has any discrepancies that 

may affect a safe operation, repairs or maintenance shall be performed

prior to flight. The sUAS will only be operated if it is free of all 

discrepancies.

f. Maintenance or repairs that may affect the sUAS operation or flight 

characteristics shall undergo a test flight in accordance with Dow’s sUAS 

Operations Manual. This test flight shall be recorded in the sUAS’s 

records. If the test flight is completed successfully, the sUAS will be 

returned to service by the PIC.

g. Dow shall follow the manufacturer’s sUAS maintenance, overhaul, 

replacement, inspection, and life limit requirements. When not provided 

by the manufacturer, aircraft maintenance/component/overhaul, 

replacement, and inspection/maintenance requirements shall be 

established and included in Dow’s sUAS Operations Manual. At a 

minimum, the following shall be included:

i. Actuators / Servos 

ii. Powerplant(s) (motors) 

iii. Propellers 

iv. Electronic speed controller(s)

v. Batteries 

vi. Remote controllers and Ground control station
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h. All sUAS shall 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, except with respect to the size of the 

markings. Markings shall be as large as practicable. 

4. Permissions and Permitting 

a. All required permissions and permits shall be obtained from territorial, 

state, county or city jurisdictions, including local law enforcement, or

other appropriate governmental agencies.

b. At least three days before a scheduled operational flight, Dow shall submit 

a written Plan of Activities to the local flight standards district office

(FSDO) with jurisdiction over the area of the proposed flight. The 3-day 

notification may be waived with the concurrence of the FSDO.

i. The plan of activities shall include at least the following:

1. Dates and times for all requested flights 

2. Name and phone number of Dow sUAS Flight Operations

3. Name and phone number of the PIC responsible for the onscene operation of the sUAS 

4. Make, model, and serial or N-number of sUAS to be used 

5. Name and certificate number of sUAS PICs involved in the 

flight

6. A statement from Dow that it will be operating on its own 

property where the flight will be conducted; the list of those 

who gave permission shall be made available to the 

inspector upon request. 

7. Signature of exemption-holder or representative 

8. A description of the flight activity, including maps or 

diagrams of any area over which flights will be conducted, 

the relationship of that area to any nearby city, town, etc.,

and the altitudes essential to accomplish the operation

c. Documents required under 14 CFR § 91.9 and § 91.203 shall be readily 

available to the PIC any time the aircraft is in operation. These documents 

shall be made available to the Administrator or any law enforcement 

official upon request. 

d. Dow shall obtain an Air Traffic Organization (ATO) issued Certificate of 

Waiver or Authorization (COA) prior to conducting any operations under 
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this grant of exemption. (For clarity, we are not referring to the type of 

COA that the FAA has previously issued – as noted above – to allow 

research flights at two Dow locations. Rather, we are referring to a type of 

authorization that is required when operating within a specified distance of 

an airport. Dow shall also request a Notice to Airman (NOTAM) not more 

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

e. Dow shall obtain the consent of all persons involved in the operation and 

ensure that only consenting persons be allowed within 200 feet of the 

“Safe Zone”.

5. Operations

a. The sUAS shall not operate in Class B, C, or D airspace without written 

approval from the FAA. The sUAS shall not operate within 5 nautical 

miles of the geographic center of a non-towered 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. This letter 

of agreement with the airport management shall be made available to the 

Administrator upon request.

b. The sUAS will only operate within the lateral boundaries of Dow’s owned 

and operated property. Confined “Safe Zones” within those boundaries 

will be established for each flight. These zones will be free of unnecessary 

hazards or risks and non-participating personnel.

i. The sUAS shall only operate within a pre-defined “Safe Zone” that 

shall be thoroughly inspected by the PIC for buildings, overhangs, 

obstacles, wires, poles, people, vehicles, sun angle, shadows, glare, 

reflective surfaces, clouds, smoke, and terrain among other 

potential hazards.

ii. The PIC and SO shall have current Dow specific safety training for 

the area in which sUAS operations will take place.

c. Flights shall be conducted under day visual meteorological conditions 

(VMC).

i. In addition, the sUAS shall 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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ii. sUAS operations shall not be conducted during night, as defined in 14 

CFR § 1.1.

iii. Flights shall not be conducted under special visual flight rules 

(SVFR).

d. Flights shall be operated at an altitude of no more than 400 feet above 

ground level (AGL), as indicated by the procedures specified in Dow’s 

sUAS Operations Manual.

e. The PIC shall be prohibited from operating the sUAS from any moving 

device or vehicle.

f. The sUAS shall be operated within visual line of sight (VLOS) of the PIC.

i. The PIC shall maintain VLOS without the aid of telescopes, 

cameras or other devices.

ii. The PIC will maintain VLOS with their own vision, which 

includes the use of eyeglasses or corrective lenses as specified on 

the PIC’s medical certificate.

g. The sUAS shall remain clear and yield the right of way to manned 

operations and activities at all times (including, but not limited to, 

ultralight vehicles, parachute activities, parasailing activities, hang gliders, 

etc.). 

h. Dow will require the PIC and Safety Observer (SO) to have successfully 

completed a qualification process, as outlined in the Dow sUAS

Operator’s Manual.

i. The PIC’s primary responsibility while in flight is the safe operation of the 

sUAS.
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6. Flight Time

a. Each sUAS operation shall be completed within 30 minutes flight time or 

with 25% battery power remaining, whichever occurs first.

Sincerely, 

Thomas L. Mounger

Director of Operations/Chief Pilot

The Dow Chemical Company 

References available upon request:

Aeryon SkyRanger Manufacturers User Guide

Included:

Exhibit A – Regulation for which exemptions are requested

Exhibit B – Dow Chemical Operations Manual (UAS)/Inspection Program
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Exhibit A

Regulations for Which Exemptions are Requested

1. Unless otherwise requesting an exemption, Dow, the PIC, the SO, and the sUAS shall

comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 

61, and 91.

2. Dow is requesting exemptions from the following Federal Aviation Regulations to 

the extent necessary to enable the requested sUAS operations for the reasons 

detailed below.

Relief sought by Dow (14 CFR) Dow Reasoning

Part 21 Stated Below

61.113(a) and (b) Stated Below

91.103 Stated Below

91.119(c) Stated Below

91.121 Stated Below

91.151(a)(1) Stated Below

91.405(a) Stated Below

91.407(a)(1) Stated Below

91.409(a)(1) and (2) Stated Below

91.417(a) and (b) Stated Below

14 CFR Part 21 – Requirements to Secure Airworthiness Certificates

1. Certificate exemptions should be given because size, weight, and operation areas 

of the sUAS meet the level of safety necessary for exemption under Section 333 

of the Reform Act.

2. FAA has the authority to exempt aircraft from airworthiness certificate 

requirements under the Act (49 U.S.C. § 44701 (f)) and Section 333 of the 

Reform Act.

14 CFR § 61.113 (a) and (b) – Private Pilot Privileges and Limitations; Pilot 

in Command
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1. Due to the fact that there are no standards for private or commercial sUAS 

operations, Dow requests to utilize at least private pilots with third class medicals 

in support of its own operations on its own property.

2. Knowledge of flight characteristics and the Federal Aviation Regulations (FARs), 

along with the ability to physically manipulate the controls of the sUAS are the 

critical aspects of the requested operation. Dow feels this can be accomplished 

with a private pilot that has specific training on the sUAS operated in accordance 

with the Dow sUAS Operations Manual, and has satisfactorily completed the 

required training.

3. The risks associated with the operation of the sUAS are so diminished from the 

level of risk associated with commercial operations contemplated by Part 61 when 

drafted, that allowing operations of the sUAS as requested with a private pilot as 

the PIC exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & 

(b).

4. Equivalent or better safety levels can be achieved as there will be no human 

beings on board the sUAS and the sUAS will be operated to mitigate risks on the 

air and on the ground.

5. FAA has authority to waive pilot requirements for commercial operations under 

49 U.S.C §44701(f).

14 CFR § 91.103 – Preflight Action

1. The PIC shall perform a preflight inspection in accordance with the manufacturers 

recommendations and the Dow sUAS Operations Manual of the sUAS, the 

controller, and ground control station prior to each flight to ensure it is free of all 

discrepancies.

2. Equivalent safety levels will be met through preparation and compliance 

according to Dow’s sUAS Operations Manual; including but not limited to, 

weather reports and forecasts, battery requirements, alternatives available if the 

planned flight cannot be completed, and other reliable information appropriate to 

the aircraft, relating to aircraft performance under expected values of airport 

elevation and runway slope, aircraft gross weight, and wind and temperature.
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14 CFR 91.119(c) – Requirements for Minimum Safe Altitudes for Civil 

Aircraft Operation

1. The sUAS will be operated only within Dow owned and operated facilities below 

400 feet AGL.

2. Dow shall obtain the consent of all persons involved in the operation and ensure 

that only consenting persons be allowed within 200 feet of the “Safe Zone.”

3. The sUAS will only operate within the lateral boundaries of Dow’s owned and 

operated property. Confined “Safe Zones” within those boundaries will be 

established for each flight. These zones will be free of unnecessary hazards or 

risks and non-participating personnel.

4. Given the size, weight, speed, material, and operation of the sUAS, equivalent 

levels of safety will be achieved.

14 CFR 91.121 – Altimeter Settings

1. SUAS may not have a barometric altimeter, and may use a GPS altitude read out 

indication instead, so an exemption may be needed.

2. An equivalent level of safety will be achieved by the operator as the sUAS uses AGL 

height from its initialization (launch) point, cross-referenced with Mean Sea Level

(MSL) altitude of the launch point.

CFR 91.151 (a)(1) – Fuel Requirements for Flights in VFR Conditions

1. As the sUAS is capable of approximately 50 minutes of flight time, an exemption 

will be necessary.

2. As the sUAS is flown within Dow owned and operated facilities below 400 feet AGL 

under controlled conditions as defined by the Dow sUAS Operations Manual, we feel 

an equivalent level of safety can be obtained by terminating the flight prior to 30 

minutes or 25% battery power, whichever occurs first.

3. Dow feels an adequate reserve is provided at 25% battery power which will allow for 

approximately 12 minutes of flight which is more than sufficient to land the 

aircraft safely within the “Safe Zone.”
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4. The Aeryon SkyRanger has a second level of safety that is achieved through the 

use of an aircraft battery monitoring system. The aircraft system will alert the 

operator of low battery voltage and return the aircraft to its take off location 

before battery capacity is depleted. 

5. Dow will not operate sUAS at night.

6. Similar exemptions have been granted to other operations, including Exemptions 

2689F, 5745, 10673, and 10808. Given the small size and operational purposes of 

the sUAS, it does not bear the same risks associated with this section’s 

requirements.

7. FAA has previously issued exemptions for fuel requirements in VFR conditions; 

exemption numbers 10808, 2689F, 5745, & 10673.

14 CFR 91.405 (a) Maintenance Required

1. This section and Part 43 apply only to aircraft with an airworthiness certificate, 

therefore these sections will not apply.

2. Maintenance will be accomplished by Dow pursuant to the manufacturer’s 

recommendations and Dow’s sUAS Operations Manual.

3. Maintenance, preventive maintenance, rebuilding, and alteration will be 

successfully accomplished by trained personnel under a Licensed Airframe and 

Powerplant technician’s direction.

4. The sUAS shall be discrepancy free prior to initiating flight. This is more 

stringent than the standards for manned aircraft. FAA’s regulations for manned 

aircraft allow possible flight despite certain minor discrepancies that do not 

impair safety.

5. If a mechanical issue arises the sUAS can land safely within the “Safe Zone.”

6. Dow shall be the most familiar with the aircraft and best suited to maintain the 

aircraft in an airworthy condition to provide the equivalent level of safety.

7. The Dow sUAS Operations Manual details how to log scheduled and unscheduled 

maintenance or test flights that are performed.
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8. An equivalent level of safety will be achieved because these sUAS are limited in 

size and will and shall fly only above Dow owned and operated facilities below 

400 feet AGL.

14 CFR 407 (a) (1) – Operation After Maintenance, Preventive Maintenance, 

Rebuilding, or Alteration

1. This section and Part 43 apply only to aircraft with an airworthiness certificate, 

therefore these sections will not apply. In the absence of regulatory provisions 

dealing with sUAS operation after maintenance, preventive maintenance 

rebuilding or alteration, Dow has developed requirements to address this topic. 

Those requirements are stated in Dow’s sUAS Operations Manual.

2. Maintenance will be accomplished by Dow pursuant to the manufacturer’s 

recommendations and Dow’s sUAS Operations Manual.

3. Maintenance, preventive maintenance, rebuilding, and alteration will be 

successfully accomplished by trained personnel under a Licensed Airframe and 

Powerplant technician’s direction.

4. The sUAS shall be discrepancy free prior to initiating flight.

5. If a mechanical issue arises the sUAS can land safely within the “Safe Zone.”

6. Dow shall be the most familiar with the aircraft and best suited to maintain the 

aircraft in an airworthy condition to provide the equivalent level of safety.

7. The Dow sUAS Operations Manual details how to log scheduled and unscheduled 

maintenance or test flights that are performed.

8. An equivalent level of safety will be achieved because these sUAS are limited in 

size and will and shall fly only above Dow owned and operated facilities below 

400 feet AGL.

14 CFR 409 (a) (1) and (2) - Inspections.

1. This section and Part 43 apply only to aircraft with an airworthiness certificate, 

therefore these sections will not apply. In the absence of regulatory provisions 
19

dealing with sUAS inspections, Dow has developed requirements to address this 

topic. Those requirements are stated in Dow’s sUAS Operations Manual.

2. Maintenance will be accomplished by Dow pursuant to the manufacturer’s 

recommendations and Dow’s sUAS Operations Manual.

3. Maintenance, preventive maintenance, rebuilding, and alteration will be 

successfully accomplished by trained personnel under a Licensed Airframe and 

Powerplant technician’s direction.

4. The sUAS shall be discrepancy free prior to initiating flight.

5. If a mechanical issue arises the sUAS can land safely within the “Safe Zone.”

6. Dow shall be the most familiar with the aircraft and best suited to maintain the 

aircraft in an airworthy condition to provide the equivalent level of safety.

7. The Dow sUAS Operations Manual details how to log scheduled and unscheduled 

maintenance or test flights that are performed.

8. An equivalent level of safety will be achieved because these sUAS are limited in 

size and will and shall fly only above Dow owned and operated facilities below 

400 feet AGL.

14 CFR 417(a) and (b) – Maintenance Records.

1. This section and Part 43 apply only to aircraft with an airworthiness certificate, 

therefore these sections will not apply. In the absence of regulatory provisions 

dealing with sUAS maintenance records, Dow has developed requirements to 

address this topic. Those requirements are stated in Dow’s sUAS Operations 

Manual.

2. Maintenance will be accomplished by Dow pursuant to the manufacturer’s 

recommendations and Dow’s sUAS Operations Manual.

3. Maintenance, preventive maintenance, rebuilding, and alteration will be 

successfully accomplished by trained personnel under a Licensed Airframe and 

Powerplant technician’s direction.

4. The sUAS shall be discrepancy free prior to initiating flight.
20

5. If a mechanical issue arises the sUAS can land safely within the “Safe Zone.”

6. Dow shall be the most familiar with the aircraft and best suited to maintain the 

aircraft in an airworthy condition to provide the equivalent level of safety.

7. The Dow sUAS Operations Manual details how to log scheduled and unscheduled 

maintenance or test flights that are performed.

8. An equivalent level of safety will be achieved because these sUAS are limited in 

size and will and shall fly only above Dow owned and operated facilities below 

400 feet AGL.

§91.417 Maintenance Records.

1. This section and Part 43 apply only to aircraft with an airworthiness certificate, 

therefore these sections will not apply. In the absence of regulatory provisions 

dealing with sUAS maintenance records, Dow has developed requirements to 

address this topic. Those requirements are stated in Dow’s sUAS Operations 

Manual.

2. Maintenance will be accomplished by Dow pursuant to the manufacturer’s 

recommendations and Dow’s sUAS Operations Manual.

3. Maintenance, preventive maintenance, rebuilding, and alteration will be 

successfully accomplished by trained personnel under a Licensed Airframe and 

Powerplant technician’s direction.

4. The sUAS shall be discrepancy free prior to initiating flight.

5. If a mechanical issue arises the sUAS can land safely within the “Safe Zone.”

6. Dow shall be the most familiar with the aircraft and best suited to maintain the 

aircraft in an airworthy condition to provide the equivalent level of safety.

7. The Dow sUAS Operations Manual details how to log scheduled and unscheduled 

maintenance or test flights that are performed.

8. An equivalent level of safety will be achieved because these sUAS are limited in 

size and will and shall fly only above Dow owned and operated facilities below 

400 feet AGL.
21

Other Regulatory Provisions.

Dow has noticed that other petitions have requested exemption from a wide variety of 

additional regulations, as to which the FAA has concluded that the request was not 

needed. In light of this, Dow has refrained from requesting exemption from provisions 

that we believe the Agency will say simply do not apply. Examples include: 

 Requirements for lights. (Dow’s sUAS flights will occur only in daylight.)

 Requirements for safety belts, shoulder harnesses and child restraint systems. 

 Requirements relating to emergency exits.

 Requirements relating to safety instructions for passengers.

 Requirements for dual controls.

 Requirements to place markings in several locations on the aircraft.

 Requirements for the flight manual to be on board the aircraft.

 Requirements for the aircraft to physically “carry” and “display” documents 

showing certification and registration.

If Dow has judged incorrectly and the FAA believes that exemption from additional 

regulations is necessary for Dow’s proposed sUAS operations, Dow would be happy to 

modify this application in response to feedback from the Agency.

Additionally, there are a number of regulatory provisions that will not apply to Dow’s 

proposed sUAS operations, but Dow is not requesting exemption. This is because, if the 

regulations ever did apply (which Dow believes will never happen), Dow would comply 

with these provisions. Examples include: 

 Requirements relating to flights over the Atlantic Ocean.

 Requirements relating to flights over Cuba.

 Requirements relating to flights in restricted airspace, such as that associated with 

military facilities.

If the FAA feels that Dow should mention such regulations more specifically in this 

application, we would be happy to do so.