Unmanned Aerial Systems Development, Inc.

24 Water Street

Holliston, MA 01746

Exemption No. 12459

Regulatory Docket No. FAA-2015-0912

U.S. Department of Transportation

Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

Re: Request to amend Exemption No. 12459 to include language granting expanded 

designation of approved UAVs per current standards and updating to current authorization 

restrictions to proximity to persons and property, directly or indirectly participating in UAV 

operations.

Dear Sir or Madam, Wednesday, March 23, 2016

Unmanned Aerial Systems Development, Inc. (UAS Development) was issued an exemption 

under Section 333 of the "FAA Modernization and Reform Act of 2012" numbered 12459 for the 

commercial use of the CarbonCore Cortex and 3DR Solo for aerial filming, commercial and 

industrial survey and data gathering. 

In an effort to meet our obligations to our UAV development and operations programs, we 

believe we are unfairly encumbered by two specific limitations under Exemption No. 12459. 

First we submit that the narrow scope of designated UAVs approved under Exemption No. 

12459 precludes UAS Development from participating in broader vehicle testing and system 

integration compared to more recently granted exemptions. To this end we request the inclusion 

of the following language as amendment to Exemption No. 12459.

“The petitioner proposed to use UAS that have previously been approved by the 

Secretary of Transportation under Section 333 of the FAA Modernization and Reform Act 

of 2012. UAS that have been previously approved by the Secretary, including the aircraft 

proposed by the petitioner, are found on the List of Approved Unmanned Aerial Systems 

(UAS) under Section 333. The list, which is updated monthly, is posted at 

www.regulations.gov under docket number FAA–2007–3330. The petitioner is also 

authorized to operate any UAS on that list, when weighing less than 55 pounds including 

payload while this exemption is valid.”

Secondly, we submit that limitations regarding proximity of our authorized UAV activities to 

persons and property, directly or indirectly participating in UAV operations further unfairly 

burdens UAS Development in our research and development, systems integration and 

operational capacity in comparison to other recently granted exemption authorizations. To this 

end we request the inclusion of the following language as amendment to Exemption No. 12459.

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All flight operations must be conducted at least 500 feet from all persons, vessels, 

vehicles, and structures unless when operating:

Over or near people directly participating in the operation of the UAS. People directly 

participating in the operation of the UAS include the PIC, VO, and other consenting 

personnel that are directly participating in the safe operation of the UA.

 

Near but not over people directly participating in the intended purpose of the UAS 

operation. People directly participating in the intended purpose of the UAS must be 

briefed on the potential risks and acknowledge and consent to those risks. Operators 

must notify the local Flight Standards District Office (FSDO) with a plan of activities at 

least 72 hours prior to flight operations.

 

Near nonparticipating persons. Except as provided in subsections (a) and (b) of this 

section, a UA may only be operated closer than 500 feet to a person when barriers or 

structures are present that sufficiently protect that person from the UA and/or debris or 

hazardous materials such as fuel or chemicals in the event of an accident. Under these 

conditions, the operator must ensure that the person remains under such protection for 

the duration of the operation. If a situation arises where the person leaves such 

protection and is within 500 feet of the UA, flight operations must cease immediately in a 

manner that does not cause undue hazard to persons.

 

Near vessels, vehicles and structures. Prior to conducting operations the operator must 

obtain permission from a person with the legal authority over any vessels, vehicles, or 

structures that will be within 500 feet of the UA during operations. The PIC must make a 

safety assessment of the risk of operating closer to those objects and determined that it 

does not present an undue hazard.

 

For operations conducted closer than 500 feet to people directly participating in the 

intended purpose of the operation, not protected by barriers, the following additional 

conditions and limitations apply:

The operator must have an operations manual that contains at least the following 

items, although it is not restricted to these items.

a. Operator name, address, and telephone number.

b. Distribution and Revision. Procedures for revising and distributing the operations 

manual to ensure that it is kept current. Revisions must comply with the applicable 

conditions and limitations in this exemption.

c. Persons Authorized. Specify criteria for designating individuals as directly 

participating in the safe operation of the UAS. The operations manual must include 

procedures to ensure that all operations are conducted at distances from persons in 

accordance with the conditions and limitations of the exemption.

d. Plan of Activities. The operations manual must include procedures for the 

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submission of a written plan of activities.

e. Permission to Operate. The operations manual shall specify requirements and 

procedures that the operator will use to obtain permission to operate over property 

or near vessels, vehicles, and structures in accordance with this exemption.

g. Briefing of persons directly participating in the intended operation. Procedures 

must be included to brief personnel and participating persons on the risks involved, 

emergency procedures, and safeguards to be followed during the operation. 

h. Personnel directly participating in the safe operation of the UAS Minimum 

Requirements. In accordance with this exemption, the operator must specify the 

minimum requirements for all flight personnel in the operating manual. The PIC at 

a minimum will be required to meet the certification standards specified in this 

exemption.

i. Communications. The operations manual must contain procedures to provide 

communications capability with participants during the operation. The operator 

can use oral, visual, or radio communications as along as the participants are 

apprised of the current status of the operation. 

j. Accident Notification. The operations manual must contain procedures for 

notification and reporting of accidents in accordance with this exemption.

In accordance with this exemption, the operating manual and all other operating 

documents must be accessible to the PIC during UAS operations. 

At least 72 hours prior to operations, the operator must submit a written Plan of 

Activities to the local Flight Standards District Office having jurisdiction over the 

proposed operating area. The Plan of Activities must include at least the following: 

a. Dates and times for all flights. For seasonal or long-term operations, this can 

include the beginning and end dates of the timeframe, the approximate frequency 

(e.g. daily, every weekend, etc.), and what times of the day operations will occur. 

A new plan of activities must be submitted prior to each season or period of 

operations.

b. Name and phone number of the on-site person responsible for the operation. 

c. Make, model, and serial or N-Number of each UAS to be used. 

d. Name and certificate number of each UAS PIC involved in the operations. 

e. A statement that the operator has obtained permission from property owners. 

Upon request, the operator will make available a list of those who gave permission. 

f. Signature of exemption holder or representative stating the plan is accurate.

g. A description of the flight activity, including maps or diagrams of the area over 

which operations will be conducted and the altitudes essential to accomplish the 

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operation.

In accordance with this exemption, the Plan of Activities and all other operating 

documents must be accessible to the PIC during UAS operations. A new Plan of 

Activities must be submitted should there be any changes to items (a) through (g)

UAS Development submits that the above listed requirements are fully satisfied in the “Flight 

Operations Manual for UAV Operations & Related Support Materials (version 2015.03.12)” as 

attached to our original petition. A revised copy (version 2016.04.23) is attached to this docket 

filing. These documents contain information subject to FOIA Exemption 4 (5 U.S.C.§ 552(b)).

Because the requested amendment would not set any precedent or otherwise raise any novel 

issue, and because the addition of these sUAS platforms to our fleet will not materially affect our 

already granted petition No. 12459 in any way, and because identical proximity limitations are 

currently approved by DOT/FAA exemption petition examiners, and because UAS Development 

seeks to recover complimentary operational capacity these operations without delay, UAS 

Development respectfully requests the FAA determine that good cause exists to dispense with 

publication of the summary of this petition in the Federal Register and grant the requested 

amendment expeditiously by summary means.

Thank you for your kind consideration in the granting of this amendment.

Best regards,

Jeffrey S. Adams

President, UAS Development, Inc.

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