6 MAY 2015

Strix Imaging LLC

1311 Rouge River Rd

Fernley, NV 89408

(775) 302-9118

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act of 2012

Attachment: 1) Lynx User Manual

 2) Lynx Checklis

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Par 11, Strix

Imaging LLC, a small Unmanned Aircraft System (sUAS) imaging service provider, hereby applies for an 

exemption from the listed Federal Aviation Regulations (FARs) to allow commercial operation of sUAS 

for precision aerial survey, so long as such operations are conducted within and under the conditions 

outlined herein or as may be established by the FAA as required by Section 333.

As detailed in this document and the attached Swift Radioplanes Lynx UAS Operators Manual, the 

requested exemption would permit the operation of sUAS under controlled conditions in airspace that is 

1) limited, 2) predetermined, 3) controlled as to access and 4) would provide safety enhancements to the 

already best practices safety protocols followed by Strix Imaging. Approval of this exemption would 

thereby enhance safety and fulfill the Secretary of Transportation’s responsibilities to “...establish 

requirement for the safe operation of such aircraft systems in the national airspace system.” Section 

333(c) Reform Act.

The name and address of the applicant is:

Strix Imaging LLC

ATTN: Brian Blair

1311 Rouge River Rd

Fernley, NV 89408

775-302-9118

bbtele@hotmail.com

Regulations from which the exemption is requested:

14 CFR Part 21

14 CFR 45.23(b)

14 CFR 61.113(a) & (b)

14 CFR 91.7(a)

14 CFR 91.9(b)(2)

14 CFR 91.103
14 CFR 91.109

14 CFR 91.121

14 CFR 91.151(a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405(a)

14 CFR 407(a)(1)

14 CFR 409(a)(2)

14 CFR 417(a) & (b)

AUTHORITY FOR EXEMPTIONS

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

authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, including 

sUASs, from the requirement that all civil aircraft must have a current airworthiness certificate.

The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any sections §44702-44716 of this title if the Administrator finds 

the exemption in the public interest. 49 USC §44701(f). See also 49 USC §44711(a); 49 USC §44704; 

14 CFR 91.203(a)(1).

Section 333(b) of the Reform Act assists the Secretary in determining whether sUASs may operate in the 

national airspace system without creating a hazard to the user, the public, or a threat to national security. 

In making this determination, the Secretary must consider:

 The sUASs’ size, weight, speed and operational capability;

 Whether the sUAS operates within the visual line of sight of the operator;

 Whether the sUAS operates outside of highly populated areas and away from close proximity to 

airports.

Reform Act 333(a). If the Secretary determines that a sUAS “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).

The Swift Radioplane Lynx UAS is a fixed-wing aircraft weighing eight (8) pounds, including payload. 

It has the ability to operate under normal conditions at a speed of no more than 35 miles per hour. It is 

equipped with a single propeller driven by an electric motor powered by a lithium polymer battery and 

has a wingspan of 7.5 feet and a length 4 feet. The sUAS will operate only in the pilot’s or visual 

observer’s visual line of sight at all times. Such operations will insure that the sUAS will “not create a 

hazard to users of the national airspace system or the public.” Reform Act Section 333(b).

Given the small size of the sUAS involved and the restricted environment within which they will operate, 

our application falls squarely within the zone of safety (an equivalent level of safety) in which Congress 

envisioned that the FAA must, by exemption, allow commercial operations of sUASs to commence 

immediately. Also due to the small size of the UAS and the low altitudes in which our sUAS will 

operate, approval of the application presents no national security issue.

DESCRIPTION OF SPECIFIC REGULATIONS

14 CFR Part 21, Subpart H: Airworthiness certificates
Subpart H, establishes the procedural requirements for the issuance of airworthiness certificates as 

required by FAR §91.203(a)(1). Given the size and limited operating area associated with the aircraft to 

be utilized by Strix Imaging LLC, an exemption from Part 21 Subpart H meets the requirements of an 

equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 

USC §44701(f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the 

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

capability and proximity to airports and populated areas of the particular sUAS. In all cases, an analysis 

of these criteria demonstrates that the sUAS operated without an airworthiness certificate, in the restriced 

environment and under the conditions proposed, will be at least as safe, or safer, than a conventional 

aircraft operating with an airworthiness certificate without the restriction and conditions proposed.

14 CFR 45.23(b): Marking of the aircraft

This regulation requires that certain experimental, provisionally certified aircraft, or light-soport category 

aircraft to be marked with letters between 2 inches and 6 inches high “limited, “restricted”, “light-sport”, 

“experimental”, or “provisional”, near each entrance to a cabin, cockpit or pilot station.

Even though the UAS will have no airworthiness certificate, and exemption may be needed as the sUAS 

will have no entrance to the cabin, cockpit or pilot station on which the word “experimental” can be 

placed. Given the size of the sUAS, 2-inch lettering will be impossible. Strix Imaging LLC will mark the 

sUAS with the organization’s name and address. An insurance barcode attached to the aircraft will also 

be linked to Strix Imaging LLC. If applicable, the word “restricted” will be displayed on the fuselage 

between the leading edge of the wind and the nose section of the (Insert UAV).

14 CFR 61.113(a) & (b): Private pilot privileges and limitations: Pilot in command

Sections 61.113(a) and (b) limit private pilots to non-commercial operations. Because the sUAS will not 

carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current 

operations by requiring the pilot operating the aircraft to have completed a UAS flight training course of 

100 hours before flying a sUAS. Unlike a conventional aircraft that carries the pilot and passengers, the 

sUAS is remotely controlled with no living things or cargo on board. The area of operation is controlled 

and restricted, and all flight are planned and coordinated in advance as set forth in the Operator Manual. 

The risks associated with the operation of the small UAS 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 exceeds the present level of safety achieved by 14 CFR 61.113(a) and (b).

14 CFR 91.7(a): Civil aircraft airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As 

there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA 

regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the 

requirements contained in the Operator Manual for maintenance and use of safety checklists prior to each 

flight an equivalent level of safety will be provided.

14 CFR 91.9(b)(2): Civil aircraft flight manual, marking and placard requirements

The sUAS, given its size and configuration has no ability or place to carry such as flight manual on the 

aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such 

an item on the aircraft. 
The equivalent level of safety will be maintained by keeping the User Manual at the ground control point 

where the pilot flying the sUAS will have immediate access to it.

14 CFR 91.103: Preflight action

This regulation requires each pilot in command take certain actions before flight to ensure the safety of 

flight. An exemption is needed from this requirement as the pilot will take separate preflight actions, 

including checking for weather conditions, checking flight battery requirements, checking takeoff and 

landing distances, and all other actions in the Operator Manual and safety checklists. These actions will 

provide an equivalent level of safety.

14 CFR 91.109: Flight instruction

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is 

being used for flight instruction unless the aircraft has fully functioning dual controls.

By design, sUASs and remotely piloted aircraft do not have fully functional dual controls. Flight control 

is accomplished through the use of a control box that communicates with the aircraft via radio 

communications. The equivalent level of safety is provided by the fact that neither a pilot nor passengers 

will be carried in the aircraft, the ability to control the sUAS via radio signals from the controller and by 

the size and speed of the aircraft.

14 CFR 91.119: Minimum safe altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. The sUAS will never operate at 

altitude higher than 500 AGL and all operations will occur during daylight hours under Visual 

Meteorological Conditions (VMC) only. 

The equivalent level of safety will be achieved given the size, weight and speed of the sUAS as well as 

the location where it is operated. No flight will be taken without the permission of the property owner or 

local officials. Because advance notice to the property owner and any onsite personnel, as well as the 

precautions outlined below, all affected individuals will be aware of the planned flight operations.

Flight operations will be conducted at least 500 feet from all non-participating persons (persons other than 

the pilot in command (PIC) or visual observer (VO)), vessels, vehicles and structures, unless:

1. Barriers or structures are present that sufficiently protect non-participating persons from debris 

in the event of an accident. The PIC will ensure that non-participating persons remain under such 

protection. If a situation arises where non-participating persons leave such protection and are within 500 

feet of the sUAS, flight operations will cease immediately and/or; 

2. 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;

3. Operations near the PIC or VO do not present an undue hazard to the PIC or VO, per 14 CFR 

91.119(a). 

The sUAS will remain within visual line of sight of the PIC or VO. Flight operations will be conducted at 

least 5 miles from an airport and at least 3 miles from any city or densely populated area. The PIC or VO 

will provide notification to the local Flight Standards District Office and airport controller of all 
operations within 5 miles of an airport. The FAA will have advance notice of all operations through the 

filing of notices-to-airmen. 

Compared to flight operations with aircraft or rotorcraft weighing far more than the sUAS proposed 

herein and carrying flammable fuel, any risk associated with our operations is far less than those presently 

presented with helicopters and other conventional aircraft operating at or below 500 feet AGL. In 

addition, the low-altitude operations of the sUAS will ensure separation between these UAS operations 

and the operations of conventional aircraft that must comply with Section 91.119.

14 CFR 91.121: Altimeter Settings 

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

altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting 

available before departure.” As the sUAS may not have a barometric altimeter, but instead a GPS altitude 

read out, an exemption may be needed. An equivalent level of safety will be achieved by the PIC 

confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

14 CFR 91.151(a): Fuel requirements for flight in VFR conditions 

Section 91.151(a) outlines fuel requirements for beginning a flight in VFR conditions. Our sUAS is 

limited to operations in controlled environments and has a limited flight time which require an exemption 

from 14 CFR 91.151(a).

The battery powering the sUAS provides approximately 180 minutes of powered flight. To meet the 30 

minute reserve requirement in 14 CFR 91.151, sUAS flights would be limited to approximately 150 

minutes in length. Given the limitations on the sUAS’s proposed flight area and the location of its 

proposed operations within a predetermined area, a longer time frame for flight in daylight VFR 

conditions is reasonable.

An equivalent level of safety can be achieved by limiting flights to 160 minutes, or enough battery reserve 

to ensure that the sUAS lands at the ground station with at least 20% of battery power (as determined by 

the onboard monitoring system and the PIC), whichever happens first. This restriction would be more 

than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area.

14 CFR 91.203(a) & (b): Carrying civil aircraft certification and registration 

The sUAS has no cabin, cockpit or pilot station and is operated without an onboard pilot. Therefore, there 

is no ability or place to carry certification and registration documents or to display them on the sUAS.

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

where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to 

the sUAS.

14 CFR 91.405(a); 407(a)(1); 409(a)(2); 417(a) & (b): Maintenance inspections 

These regulations require 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...,” and 

others shall inspect or maintain the aircraft in compliance with Part 43. 

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to Unmanned Experts. Maintenance will be accomplished by the operator pursuant 

to the Operator Manual. An equivalent level of safety will be achieved because these sUASs are very 

limited in size and will carry a small payload and operate only in restricted areas for limited periods of 

time. If mechanical issues arise, the sUAS can land immediately and will be operating from no higher 

than 400 feet AGL. As provided in the Operator Manual, the operator will ensure that the sUAS is in 

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

performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain

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

PUBLIC INTEREST

Approval of exemptions allowing commercial operations of sUASs for precision aerial surveys enhances 

safety while reducing risk. Manned aircraft monitoring and surveying creates a greater risk because the 

craft are much larger, have combustible fuel, and carry an onboard human pilot. In contrast, a sUAS 

weighing eight (8) pounds and powered by batteries eliminates virtually all of that risk given the reduced 

mass and lack of combustible fuel carried on board. The sUAS will carry no passengers or crew and, 

therefore, will not expose them to the risks associated with manned aircraft flights.

Conducting aerial surveys with the Swift Radioplanes Lynx UAS, instead of manned aircraft, will greatly 

benefit the public by drastically reducing the levels of air and noise pollution generated during traditional 

aerial survey flight operations. By using battery power and an electric motor, the Lynx UAS produces no 

air pollution and is a viable, environmentally conscious alternative to the cabin class, six cylinder internal 

combustion twin engine aircraft that are typically utilized for aerial surveys, while burning approximately 

20-30 gallons per hour of leaded aviation fuel. The Lynx UAS, while reducing the carbon footprint of 

aerial surveys, also reduces noise pollution as the sUAS is propelled by battery powered electric motor 

rather than an internal combustion engine.

EQUIVALENT LEVEL OF SAFETY

Strix Imaging LLC proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate within 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 the already safe protocols followed by aerial 

survey operations conducted with helicopters and other conventional aircraft. 

Strix Imaging LLC will be bound by the following limitations when conducting its sUAS operations 

under an FAA issued exemption:

1. The sUAS will weigh less than nine (9) pounds. 

2. Flights will be operated within line of sight of a pilot and/or observer. 

3. Maximum total flight time for each operational flight will be 150 minutes. Flights will be 

terminated at 20% battery power reserve should that occur prior to the 150 minute limit. 

4. Flights will be operated at an altitude of no more than 500 feet AGL. 
5. Flight operations will be conducted 5 miles from an airport and at least 3 miles from any city or 

densely populated area, which are depicted in yellow on VFR sectional charts. 

6. Flight operations within 5 miles of an airport require notification and approval from the local 

Flight Standards District Office and airport controller. 

7. Flight operations will occur during daylight hours and under visual meteorological conditions 

only. 

8. The FAA will have advance notice of all operations through the filing of notices-to-airmen. 

9. Minimum crew for each operation will consist of the sUAS pilot and visual observer. 

10. The sUAS pilot will be an FAA licensed airman with at least a private pilot’s certificate and 

third class medical. 

11. The pilot and visual observer will have been trained in the operation of the sUAS. 

12. The pilot and visual observer will at all times be able to communicate by voice and/or text. 

13. Written and/or oral permission from the relevant property holders will be obtained. 

14. Flight operations will be conducted at least 500 feet from all non-participating persons, 

vessels, vehicles and structures unless: 

a. Barriers or structures are present that sufficiently protect non-participating persons 

from debris in the event of an accident. The pilot will ensure that non-participating persons 

remain under such protection. If a situation arises where non-participating persons leave such 

protection and are within 500 feet of the sUAS, flight operations will 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 pilot or visual observer do not present an undue hazard to the pilot 

or visual observer. 

15. If the sUAS loses communication or loses its GPS signal, the sUAS will have the capability to 

return to a safe, pre-determined location and land. 

16. The sUAS will have the capability to abort flight in case of unpredicted obstacles or 

emergencies.

PRIVACY

All flights will occur over private or controlled access property with the property owner’s prior consent 

and knowledge. Images taken will be of individuals who have also consented to being filmed or otherwise 

have agreed to be in the area where aerial photography will take place.

Federal Register Summary

Mr. Brian Blair, Strix Imaging LLC, 1311 Rouge River Rd, Fernley, NV 89408, petitioned the FAA on 

behalf of Strix Imaging LLC for an exemption from part 21 and §§ 45.23(b), 61.113(a) and (b), 91.7(a), 

91.9(b)(2), 91.103, 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 407(a)(1), 409(a)(2), 

417(a) and (b) of Title 14, Code of the Federal Regulations (14 CFR). The exemption would allow 

commercial operation of Swift Radioplanes Lynx small Unmanned Aircraft Systems (sUASs) for 

precision aerial surveys.

**********
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 Strix Imagining LLC sUAS for precision aerial surveys.

Sincerely,

Brian Blair

Strix Imaging LLC