Sanborn Map Company’s Petition for Exemption

For Purposes of Operating Small Unmanned Aircraft System

FAA Rules Docket: ____________

Name and Address of Petitioner

Sanborn Map Company, Inc.

1935 Jamboree Drive, Suite 100

Colorado Springs, CO 80920

Counsel for Petitioner

Thomas L. Gemmell

HUSCH BLACKWELL LLP

120 South Riverside Plaza, 22nd Floor

Chicago, Illinois 60606

(312) 526-1523

tom.gemmell@huschblackwell.com

CHI-42313-1
A. Summary

The Sanborn Map Company, Inc. seeks exemption from the requirements of 14 C.F.R. §§ 

45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121(a)(1)(iii), 91.151(b), 91.405(a), 

91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b). This exemption will permit The 

Sanborn Map Company, Inc. to operate an unmanned aircraft system while keeping the 

documents required by the regulations at the ground control station and immediately accessible 

to the pilot in command. Furthermore, the exemption will relieve The Sanborn Map Company, 

Inc. from the airworthiness certificate standards and the requirement to have a certificate of 

airworthiness issued for its UAS. This exemption will also permit any required markings 

concerning the operational status of the UAS to be displayed on the fuselage of the unmanned 

aircraft.

B. Introduction

The Sanborn Map Company, Inc. (hereinafter referred to as “Sanborn”) is a 148 year-old

design, geospatial and infrastructure management firm with a long and well-recognized history in

mapping and surveying. Sanborn excels in the collection of aerial imagery from manned, fixedwing aircraft for the purpose of making highly accurate aerial maps for a range of clients and

various applications. In addition to operating a fleet of conventional fixed-wing aircraft, Sanborn

has recently acquired a Leptron Avenger Unmanned Aircraft System (hereinafter referred to as

the “Leptron Avenger”). As set forth in this Petition, Sanborn seeks to operate its Leptron 

Avenger for the special purpose of aerial surveying, continuing an established legacy that has

always sought the highest standards of operations and safety.

Pursuant to 14 C.F.R. § 11.81 (Petition for Exemptions.), Sanborn provides the following

information in support of its petition:

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C. Background

1. LEPTRON AVENGER

Sanborn seeks an exemption to operate a Leptron Avenger for compensation or hire

within the national airspace system (“NAS”)1. The Leptron Avenger is comprised of an airborne

unmanned aircraft and a transportable ground station. The Leptron Avenger has a maximum

gross weight of approximately 35 pounds, while having a wingspan of 72.5 inches and a length

of 58 inches. The Leptron Avenger unmanned aircraft is equipped with two rotors driven by a 

Lithium-ion Polymer battery powered 10W electric motor.

Figure 1 depicts the Leptron Avenger with registration number displayed in

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

2. Proven Operational History of the Leptron Avenger in the NAS. 

1 Sanborn has reserved registration number N824LP, and will submit an Aircraft Registration 

Application upon the grant of the exemptions sought by this petition.

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The Leptron Avenger is currently operating safely within the NAS pursuant to 

approximately fourteen (14) Certificates of Authorization (“COA”) granted by the Federal 

Aviation Administration (“FAA”) to the Middle Tennessee State University; Sinclair Community

College in Dayton, Ohio; the U.S. Army Corps of Engineers (Jacksonville District, for operations

in South Florida); Mississippi State University for the Pearl River Basin; and the University of 

Florida.

D. Basis for Petition

Sanborn, by and through undersigned counsel, pursuant to Federal Aviation Regulations

(FAR) (14 C.F.R. § 11.61)

2 and the FAA Modernization and Reform Act of 2012 (“FMRA”), 

Section 333, Special Rules for Certain Unmanned Aircraft Systems (“Section 333”), hereby

respectfully petitions the Administrator for an exemption from the requirements of 14 C.F.R. §§, 

45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121(a)(1)(iii), 91.151 (b), 91.405(a), 

91.407(a)(1), 91.409(a)(1) and (2), 91.417(a) and (b).

1. Section 333 

Congress identifies Section 333 as a pathway for “expedited operational authorization” of 

certain unmanned aircraft systems (“UAS”) in the national airspace system (NAS). Section 

332(b)(1) (“expedited operational authorization.”).

3

 Under Section 333 Congress mandates that 

the FAA “shall determine if certain unmanned aircraft systems may operate safely in the national 

airspace system before completion of the plan and rulemaking required by section 332 of this 

Act or the guidance required by section 334 of this Act” (Section 333(a)) upon consideration of

its “size, weight, speed, operational capability, proximity to airports and populated areas, and 

2 14 C.F.R. § 11.61(b) (“Using a petition for exemption, you may ask FAA to grant you relief 

from current regulations in 14 C.F.R.”)

3 See also www.faa.gov/uas/legislative_programs/section_333/ (noting that Section 333 grants 

the FAA “the statutory flexibility to expedite requirements for the safe operation of certain 

aircraft systems in the NAS.”).

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operation within visual line of sight.” Section 333(b)(1). If the FAA makes such a determination, 

the FAA “shall [also] establish requirements for the safe operation.” Section 333(c). The FAA 

further may find that the UAS does not require “airworthiness certification under section 44704 of 

title 49, United States Code.” Section 333(b)(2).

2. 49 U.S.C. § 44701

The FAA is further authorized to grant exemptions from its safety regulations and 

minimum standards under 49 U.S.C. § 44701 (“Section 44701”) “if the Administrator finds 

the exemption is in the public interest.” Section 44701(f) (authorizing the grant of 

exemptions from safety regulations and minimum standards under section 44701(a) and (b) and 

sections 44702-44716).4

For the reasons addressed herein, this Petition qualifies for expedited approval of 

Sanborn’s request for exemption under both Sections 333 and 44701.

E. The Leptron Avenger UAS Meets the Statutory Criteria for Exemption under

Section 333

Given its small size, light weight, slow speed, limited load capacity, superior 

operational capabilities, and that the operations will be conducted only during the day, under 

visual meteorological conditions (“VMC”), within visual line of sight (“VLOS”) of the Pilot In 

Command (“PIC”) with the assistance of a visual safety observer (“VO”) and not in the proximity 

of airports or populated areas, the Leptron Avenger UAS is the very sort of UAS that qualifies 

for expedited approval under Section 333.

1. Section 333(b)(1) Criteria

a. Size

4 See e.g. 49 USC §44711(a) ((1) prohibiting operations without airworthiness certificate; (2) 

prohibiting serving as airman without airman’s certificate; (5) prohibiting commercial operations 

in violation of regulations); 49 USC §44704 (issuance of airworthiness certificate); 14 C.F.R.

§91.203 (a)(1) (carry airworthiness certificate)).

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The Leptron Avenger measures approximately 19.75 inches in height and 58 inches 

wide, with a wingspan of 72.5 inches.

b. Weight

The Leptron Avenger has a maximum gross weight of 35 lbs.

c. Speed

The Leptron Avenger has a maximum autopilot limited speed of approximately 12 

Meters per second (m/s). However, Sanborn typically operates the aircraft at below 10 m/s

d. Operational Capability

The Leptron Avenger was specially designed for high or low altitude surveillance, 

photography, and sensor management. Supported by electric batteries that are rechargeable, the 

Leptron Avenger can fly for up to 2 hours and carry a variety of cameras or sensors. Other 

Operational metrics of the Leptron Avenger are as follows:

Unmanned Aircraft 

System

The Leptron Avenger is an UAS that is comprised of an unmanned

aircraft and a transportable ground station.

Serial No. LEP822

Unmanned Aircraft 

Dimensions

Rotor Diameter: 72.25 in. 

Length: 83.93 in.

Engine (Propulsive

Unit)

Engine (Propulsive Unit)

The aircraft uses a 10,000 Watts electric main motor and a 2,200 watt 

tail motor

Electric-powered propulsion systems.

a. Type of Motor - 395 KV Electric Main, 900 KV Electric tail 

b. Current draw range – Total System current draw cruise = 30 

Amps and Max total system current draw = 360 Amps

c. All electrical demands are derived from the unmanned aircraft’s 

battery system.

Make: LEPTRON-AVGR

Model: 1000

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Propeller and 

Propeller Limits

FAA Propeller Type Certificate: None

Propeller Type: 2-blade, hinged (folding), carbon fiber reinforced 

plastic, fixed pitch, tractor

Diameter (Nominal): 17.25 in.

Battery Command & 

Control

Thunder Power Air Vehicle Battery P/N Leptron 6S powers the

motor, and battery command and control.

Airspeed Limits Vne (Never Exceed Speed) 12 m/s)

Vno (Maximum Structural Cruising Speed) 48 knots (25 m/s) 

Va (Maneuvering Speed) 12 m/s knots (25 m/s)

Landing Speed: VTOL – Vertical 1.5 M/s

Empty Weight C.G. 

Range

3-3.5 inches for or aft of datum

Datum Center of main rotor shaft

Maximum Weights 14.52 KG/32 lbs.

Empty Weight 4.99 KG/11 lbs.

NOTE: Empty Weight Excludes weight of battery and payload

modules.

Frequencies 902-928 MHz (ISM Band)

2.4 GHz (ISM Band)

NOTE: FCC license is not required to utilize the above 

frequencies; uplink and downlink are on the 900Mhz band. If 

video is utilized, uplink, downlink, and video are all on

2.4 Ghz.

Computer Software Avionics embedded processor – UTC Aerospace Cloud Cap 

Technologies

Max. Operating Altitude 20,000 ft. +

Control Surface

Movements

MAIN ROTOR – VARIABLE PITCH +/-5

 TAIL ROTOR – VARIABLE PITCH +12/-12°

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Nominal Endurance 30 minutes above 32 °F (0 °C)

15 minutes below 32 °F (0 °C)

Ambient Outside Air

Temperature (OAT)

Maximum OAT: 120 °F (49 °C)

Minimum OAT At Altitude: 0°F

Wind Limitation 40 MPH

Maintenance This Leptron Avenger must be maintained in accordance with the

Leptron Maintenance Operation Manual, or later FAA accepted

revision.

e. Proximity of Airports/Populated Areas

Flight operations pursuant to this Petition will be tightly controlled and restricted to

Class G airspace, which is defined as earth surface up to 1,200 feet above ground level and earth 

surface to the base of controlled airspace (Class B, C, D, and E), and not in the proximity of 

airports or populated areas. The Leptron Avenger will not be operated within 5 nautical miles of 

the geographic center of a non-towered airport unless a letter of agreement with that airport’s 

management is obtained, such letter to be made available to the Administrator upon request, and 

the operation is conducted in accordance with a NOTAM as required by the operator’s COA. 

Operations will avoid congested or densely populated areas and comply with 14 C.F.R. 91.119.

f. Visual Line-of-Sight

The Leptron Avenger will at all times be flown by Sanborn only in the daytime (not at 

night) under VMC within VLOS of the PIC (typically within a range less than 500 feet) with the 

further assistance of a VO with whom the PIC will have the ability for direct and continuous

verbal communications

5 so as to ensure that the flight operations remain within the PIC’s VLOS 

5 VO will at all times be in proximity of PIC so as to allow direct verbal communications. In 

addition, the PIC and VO will maintain direct communications through cell or push-to-talk 

communications capability throughout the duration of flight.

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and prescribed flight boundaries and deconflict with objects in the air and on the ground. Thus, 

pursuant to the FAA’s Interim Operational Approval Guidelines for UAS the proposed 

operations provide an approved method of control and collision avoidance to satisfy the “see and 

avoid” requirement of 14 C.F.R. § 91.113:

While considerable work is ongoing to develop a certifiable “detect, sense, and avoid”

system, no current solution exists. Compliance with the “see and avoid” aspect of 14 

C.F.R. 91.113, Right-of-Way Rules: Except Water Operations, becomes one of the 

primary issues in UAS operational approvals. As a result, alternate methods of 

compliance are required to accomplish the “see and avoid” function. See and avoid risk 

mitigation strategies are normally based on the use of visual observers or other methods 

of segregation.

Interim Operational Approval Guidance 08-01, Unmanned Aircraft Systems Operations in the 

U.S. National Airspace System (March 13, 2008) at 8. Only qualified and current PIC’s and

VOs, as provided in the FOD (as defined below), will be used.

2. Other Factors

a. Leptron Avenger Safety Systems 

The Leptron Avenger UAS is replete with mechanisms to ensure safe operations and 

protect persons and property on the ground. In addition to having experienced operator/PIC and 

VO, the Leptron Avenger UAS has a variety of inherent safety systems, including:

• Redundant Communications: The Avenger has (2) simultaneous communications 

links that allow for backup and safe operations. This includes a 2.4 GHz wireless 

hand held radio and a 900 MGhz laptop ground station link. Both links must be 

terminated to execute a ‘Lost Communication’ return home logic.

• Flight Plan Altitude Settings: The Avenger has the ability for the operators to set 

Maximum and Minimum flight altitudes for a specific flight ‘corridor’ for safe 

operations. 

• Flight Logic: The Avenger has the ability for the operators to set safety return 

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logic including: Exceeding a pre-set flight timer, Loss of GPS, Loss of 

Communications, Max and Min Altitude, and Low Voltage. 

• Ground Station Warnings: The Avenger Ground station has many visual operator 

cues for error conditions such as low RSSI strength, low battery, low RPM, low 

system parameters, and many other real time conditions. The system also offers 

color coded ‘Dashboard’ lights for the operator. 

• Double Entry: The Avenger Ground Station has double entry response window 

for all in-flight parameter changes. This allows the user to not send incorrect 

information without a two verification mouse clicks. 

b. Flight Operations Documents

To ensure consistent safety operations, Sanborn has developed a comprehensive and

detailed set of flight operations documents (FOD) for the Leptron Avenger UAS based on 

Sanborn’s extensive use and experience, procedures and notices provided by the UAS 

manufacturer, and guidance the FAA has provided to obtain exemption under Section 333. The 

FOD is comprised of the Sanborn Standard Operating Procedures, the Sanborn Maintenance and 

Safety Manual, the Leptron Remotely Piloted Vehicle Operators Manual, and the Leptron 

Inspection and Maintenance Manual. See Exhibit A (submitted on a confidential basis).

In seeking this exemption, Sanborn proposes to operate the Leptron Avenger pursuant to

the following specific operating limitations, as also addressed in the FOD:

1. Flight operations are permitted only in Class G Airspace.

2. The Leptron Avenger shall only be operated below 1,200 feet above ground level (AGL) 

3. The Leptron Avenger shall be operated within line of sight of the pilot in command and

safety observer.

4. The Leptron Avenger shall be operated pursuant to Day Visual Flight Rules (VFR) in

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visual meteorological conditions (VMC). The Leptron Avenger shall be operated only

during daylight hours (i.e. between the end of morning civil twilight and the beginning of 

evening civil twilight, as published in the American Air Almanac, converted to local

time).

5. The duration of each flight shall not exceed 1.5 hours, or with 20% battery power 

remaining, whichever occurs first.

6. The Leptron Avenger shall operate from on-site takeoff/landing locations directly next to

the pilot in command and co-located VO. The pilot in command and the VO shall be able 

to verbally communicate during all operations. If the operation is from a watercraft, the

pilot in command and VO shall remain co-located on the same watercraft.

7. Operation of the Leptron Avenger with any inoperative instruments or equipment is

prohibited.

8. The Leptron Avenger shall be operated pursuant to 14 C.F.R. Part 91, operating 

requirements.

9. For the proposed flight operation, only one Leptron Avenger shall be airborne at any

given time.

10. The PIC shall give the local Air Traffic Control (ATC) a single pre-flight call with the 

location, approximate start time, and approximate finish time of the operation. The PIC 

shall notify the local ATC upon completion of the operation.

11. For any flight operations over U.S. Government or state managed lands, Sanborn shall

coordinate with the appropriate authority and ensure that the property owners have at least

twelve (12) hours of advance notice prior to the proposed flight operations. Coordination

shall include anticipated periods of operation, purpose of the flights, and contact

information for the operator should questions or issues arise. 

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12. The UA shall be marked with an identification (N-Number) in accordance with 14 C.F.R.

§ 45.23, such markings to be as large as practicable pursuant to 14 C.F.R. § 45.29(f), and 

identified by a serial number registered in accordance with 14 C.F.R. Part 47.

13. The UA shall only be operated at or below an airspeed of 12 Meters Per Second.

14. Prior to performing any flight operations, the PIC and VO shall have successfully 

completed a qualifying process, as provided in the FOD.

15. Prior to performing any flight operations, a flight demonstration administered by an 

operator-qualified PIC and provided in the FOD, shall be performed and successfully 

completed. Documentation of such demonstration shall be made in the aircraft records 

and such records shall be made available to the Administrator upon request.

16. The UA 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.

17. The UA shall at all times remain clear and yield the right of way to all other manned 

operations and activities (e.g. gliders, ultralights, parachutes).

18. The radio frequency spectrum used for operation and control of the UA shall comply 

with the requirements of the Federal Communications Commission (FCC) or other 

appropriate government oversight agency.

19. Any time the UA is operating, all documents required under 14 C.F.R. § 91.9 and § 

91.203 shall be available to the PIC at the GCS. Such documents shall be made available 

to the Administrator or any law enforcement official upon request. 

20. The UAS shall not be operated by the PIC from any moving vehicle or device; however 

the UAS may be operated by the PIC from a stationary watercraft.

21. The UA shall not be operated directly over any person, except authorized and consenting 

personnel involved in the flight/filming operations, below an altitude that is hazardous to 

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persons or property on the ground in the event of a UAS failure or emergency.

22. The UA shall at all times be operated to ensure a safe distance away from all 

participating and non-participating personnel. 

23. Other than for takeoff and landing, the UA shall be operated at least 100 feet away from 

persons involved in the flight/filming operations (participating persons), such 

participating persons shall at all times be essential to the flight/filming operations and 

have provided prior written consent to their participation in such operations. This 

distance may be reduced to no less than 30 feet if it would not adversely affect safety and 

such person provides his/her prior consent.

24. The UA shall at all times be operated 500 feet away from persons not involved in the 

flight/filming operations (non-participating persons). This distance may be reduced to no 

less than 200 feet if it would not adversely affect safety and such person provides his/her

prior consent.

25. Prior to each flight the PIC shall inspect the UAS, including for any inoperable 

components, items or equipment, to ensure the UAS is in a condition for safe flight. If 

the inspection reveals a condition that affects safe operations, the UAS shall not be 

operated until the necessary maintenance has been performed and the UAS is found to be 

in a condition for safe flight. Any discrepancies and all maintenance or alterations shall 

be documented in the aircraft records, such records to be made available to the 

Administrator upon request.

26. Any UAS that has undergone maintenance or alternations that affect the UAS operation 

or flight characteristics, e.g. replacement of a flight critical component, shall undergo a 

functional test flight in accordance with the FOD. The operator shall make an entry in 

the UA record of such test flight.

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27. Record of the UAS maintenance, preventive maintenance, alternations, status of 

replacement/overhaul component parts, and the total time in service of the UAS shall be 

documented and maintained in accordance with the FOD.

28. Except as may be designated otherwise for FailSafe operations, the UA shall take off and 

land at a location within the boundaries of the subject property next to the PIC.

29. Upon loss of communication or GPS signal, the UA shall return to a predetermined 

location within the boundaries of the landowner’s property and land or be recovered in 

accordance with the FOD.

30. In the event of an emergency or unanticipated obstacle to planned operations, the UAS 

operation shall be aborted and the UA, if airborne, shall return to a predetermined 

location.

31. The PIC shall possess at least a private pilot certificate and at least a current third-class 

medical certificate, and prior to operations shall have met the FAA’s currency and

recency of experience requirements.

32. Prior to operations, the PIC shall have accumulated and logged (in a manner consistent 

with 14 C.F.R. § 61.51(b)) a minimum of 200 flight cycles and 25 hours of total time as a 

UAS rotorcraft pilot and at least ten (10) hours as a UAS pilot with a similar UAS type 

(dual-rotor), such log of which shall be made available to the Administrator upon request. 

33. Prior to operations, the PIC shall have accumulated and logged (in a manner consistent 

with 14 C.F.R. § 61.51(b)) a minimum of five (5) flight hours as a UAS pilot operating 

the make and model of UAS to be used for operations under the exemption (e.g. Leptron 

Avenger) and three (3) take-offs and three (3) landings in the preceding 90 days, such log 

of which shall be made available to the Administrator upon request.

34. The UAS shall be maintained in accordance with the Leptron Inspection & Maintenance 

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Manual, including any amendments or updates thereto. All amendments or updates shall 

be tracked and a record of such amendments or updates shall be maintained and made 

available to the Administrator upon request.

35. All maintenance to be performed on the UAS shall be performed by a technician 

qualified pursuant to the criteria provided in the FOD. 

36. The UAS shall comply with all manufacturer safety bulletins.

37. Prior to conducting any operations, the operator shall obtain a Certificate of Waiver or 

Authorization (COA). Pursuant to such COA, operator shall request of a Notice to 

Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to 

the operation.

38. At least three (3) days before scheduled operations, operator shall submit a written Plan 

of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over 

the area of proposed operations, such submission of which may be waived with the 

concurrence of the FSDO. If required by the FSDO to be submitted, the Plan of 

Activities shall include: dates and times for all flights; operator’s and on-scene flight 

operator’s name and phone number; UAS make, model and serial or N-number; PIC’s 

name and certificate number; statement that the operator has obtained permission from 

property owners and/or local officials to conduct the operations (such list of those who 

gave permission to be made available upon request); description of the planned flight 

activity, including, as applicable, maps or diagrams of the area, city, town, county and/or 

state over which the operation will be conducted, and the altitudes essential to 

accomplish the operation; signature of the exemption holder or representative. 

39. The UA shall not operate within 5 nautical miles of the geographic center of a nontowered airport unless a letter of agreement with that airport’s management is obtained, 

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such letter to be made available to the Administrator upon request, and the operation is 

conducted in accordance with a NOTAM as required by the operator’s COA.

40. Any incident, accident or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA shall be reported to 

the FAA’s UAS Integration Office within 24 hours. Accidents shall also be reported to 

the National Transportation Safety Board (NTSB). Further flight operations shall not be 

conducted until the incident, accident or transgression is reviewed by UAS Integration 

Office and authorization to resume operations is provided.

41. The UAS shall be operated pursuant to the FOD, such manual to be made available to the 

Administrator upon request. If a discrepancy exists between the FOD and the conditions 

and limitations directed by the Administrator in granting the exemption, the conditions 

and limitation in the exemption shall take precedence and be followed.

c. Privacy 

Sanborn will comply with all federal, state, and/or local privacy regulations that may 

apply in the areas in which Sanborn will operate the Leptron Avenger pursuant to this Petition. 

Further, Sanborn’s policy, as outlined in the FOD, is to avoid any operations that might 

invade personal privacy. 

d. Physical Security

In order to ensure its safe and proper use, Sanborn will be the only operator of the UAS 

and the UAS will at all times remain in Sanborn’s custody.

3. Sanborn’s History of Safe Operations Flying the Leptron Avenger UAS

Sanborn has amassed nearly 10,000 fixed-wing flight hours in the past four years of 

aerial surveying with only one accident and has conducted local test flights of the Leptron 

Avenger UAS by FAA certified pilots checking operations, flight deconfliction and safety 

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procedures of over 50 hours.

4. Lack of Threat to the NAS, Public, or National Security 

Those reasons addressed, including meeting Section 333(b)(1) criteria, Sanborn’s

established record of safety, operations pursuant to the FOD, and the other factors discussed, 

demonstrate that the Leptron Avenger UAS will be operated safely in the NAS without creating a

hazard to other aircraft or persons or property on the ground or pose a threat to national security. 

For all of these reasons, Sanborn’s proposed operations using the Leptron Avenger qualify for 

expedited approval of the sought exemption pursuant to Section 333 for the specified uses and 

under the proposed operating requirements and restrictions.

F. Sanborn’s Operations Pursuant to This Petition Qualify for Exemption Under 

Section 44701. 

Granting Sanborn’s request for exemption would benefit the public and have no 

adverse effect on safety. Accordingly, Sanborn’s operations pursuant to this Petition also 

qualify for an exemption from the FAA’s related safety regulations under Section 44701.

1. Public Interest Benefits

The public would greatly benefit from granting Sanborn’s petition for exemption so it 

can use the Leptron Avenger UAS. The Leptron Avenger is a battery powered UAS that serves

as a safe, efficient, and economical alternative to manned aircraft traditionally use for aerial

surveying. No pilot or crew need be airborne, thereby providing for superior safety to persons 

and property in the air and on the ground than that provided by manned aircraft performing the 

same operations. Granting the exemption would also reduce the number of manned aircraft in

the NAS and, as a result, reduce the environmental impact of such operations, as well as provide 

for better aerial imaging and production and, as a result, a more robust economy. Using the 

Leptron Avenger also provides the benefit of greater operational flexibility and reduced cost when 

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compared to manned aircraft.

(a) Increased Aircrew Safety and Reduced Risk to Persons/Property On Ground

Because the Leptron Avenger is unmanned, the proposed operations eliminates the risk to 

pilot and crew associated with flying such aerial-surveying missions at low altitude, in confined 

airspace. Further, given its small size and weight and low airspeed, using the Leptron Avenger also 

reduces the risk of damage or injury to persons or property on the ground, and in the air, were there 

to be a mishap. 

(b) Reduced Environmental Impact

Using the Leptron Avenger UAS instead of manned aircraft also benefits the public by 

eliminating or greatly reducing air and noise pollution associated with traditional aerial surveying

operations. Because it is battery powered (using rechargeable batteries) and uses electric motors,

the Leptron Avenger UAS consumes no fuel and generates no air pollution, and creates very little 

noise. As a result, the public is benefited as a result of reduced environmental impact, reduced 

operator and other human exposure, and greater fuel conservation, which serves additionally

to support our government’s specific efforts to reduce the U.S.’s carbon footprint.6

(c) Fewer Manned Aircraft In NAS and Reduced Need for ATC Handling

The Leptron Avenger also does not require a runway or helipad to takeoff or land and 

will not be operated within the proximity of any airports. As such, fewer aircraft will need to be

handled by air traffic control during ground, takeoff, departure, arrival, and landing phases. 

Operations pursuant to this Petition (unmanned, VLOS, below 1,200’ AGL, and not within 

proximity to airports) will further reduce the number of manned aircraft flying or transiting at or 

above 500’ AGL to and from the areas of surveying operations as well as congestion around

6 Reducing the U.S.’s carbon footprint is a high priority and consistent with the U.S. Environmental

Protection Agency’s regulatory efforts to phase out the use of fossil fuels. 

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airports due to aircraft arrival and departure.

(d) Superior Aerial Imagery and Increased Benefit to U.S. Economy

Better aerial footage can also be obtained using the small and nimble Leptron Avenger than 

can be obtained using manned aircraft or other ground-based methods. Due to its small size and 

superior flight performance characteristics, the Leptron Avenger allows for images to be taken from 

certain locations and angles and with better precision than using manned aircraft. As a result, less 

time is needed in the air to obtain the desired footage, which in addition to providing the benefit of 

fewer aircraft in the NAS and associated reduced risk to objects and persons and property in the air 

and on the ground, reduced noise, etc., allows for the production of surveys, which benefits

consumers. This additionally ensures that companies such as Sanborn and its customers remain 

competitive and profitable, thereby providing their employees greater job stability, which 

ultimately contributes further to the U.S. economy through increased consumer spending. 

(e) Increased Operational Flexibility and Reduced Cost

Using the Leptron Avenger also provides the benefit of greater operational flexibility and 

reduced cost when compared to manned aircraft. Instead of each time having to hire a manned 

aircraft at thousands of dollars/hour, subject to the pilot’s schedule and availability, Sanborn can 

operate the Leptron Avenger, which it has purchased and outfitted at lower combined cost, 

innumerable times and at the convenience of Sanborn’s and its customers schedules.

2. No Adverse Safety Effects

Granting Sanborn’s Petition will also not adversely affect aviation safety or pose any 

undue risks to the public. The operations pursuant to this Petition will be in accordance with 

Sanborn’s FOD and in compliance with all applicable public safety requirements. Accordingly, 

and as detailed herein, granting the requested exemption would not adversely affect safety. 

Indeed, as detailed below, operations pursuant to the limitations and guidelines addressed herein 

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and in the FOD will provide an equivalent or even higher level of to those regulations from 

which Sanborn seeks exemption. 

The FAA has previously granted exemptions in circumstances similar, in all material 

respects, to those presented herein. See Exemption Nos. 11062, 11063, 11064, 11065, 11066, 

11066A, 11067, 11067A, 11109, 11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156, 

11157, 11158, 11159, 11160, 11161.

For all of these reasons, Sanborn’s operations pursuant to this Petition also qualify for an 

exemption under Section 44701.

G. Exemptions Sought By Sanborn And Reasons For The Requested Relief

Pursuant to Section 333, Sanborn seeks an exemption from the requirements of 14 C.F.R.

§§ 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121(a)(1)(iii), 91.151(b), 91.405(a), 

91.407(a)(1) and (2), 91.409(a)(1) and (2), 91.417(a) and (b).

1. Section 45.27(a). Location of marks; nonfixed-wing aircraft.

Section 45.27, entitled Location of marks; nonfixed-wing aircraft, subsection (a) states 

(emphasis added):

(a) Rotorcraft. Each operator of a rotorcraft must display on that rotorcraft horizontally 

on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23.

To the extent subsection 45.27(a) may be deemed to apply to the Leptron Avenger UAS, 

Sanborn seeks an exemption from the subsection (i.e., that the marks be displayed on both surfaces 

of the cabin, fuselage, boom, or tail) because the Leptron Avenger UA is of insufficient size to 

accommodate any such marking. Thus marking the Leptron Avenger UA as required by this 

subsection would not be possible.

An equivalent level of safety can be provided instead by marking the Leptron Avenger 

UA, as may be applicable, with lettering as large as practicable (14 C.F.R. § 45.29(f)) on its 

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largest available surface so as to permit such marking to be displayed to pilot, crew, and 

others both when the Leptron Avenger UA is on the ground and airborne. 

2. Section 61.113(a) and (b). Private pilot privileges and limitations: Pilot in 

command.

Sanborn seeks an exemption from 14 C.F.R. 61.113(a) and (b). Section 61.113, entitled

Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) state 

(emphasis added):

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds 

a private pilot certificate may act as pilot in command of an aircraft that is carrying

passengers or property for compensation or hire; nor may that person, for compensation 

or hire, act as pilot in command of an aircraft.

(b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft 

in connection with any business or employment if:

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

In general, subsections 61.113 (a) and (b) prohibit a private pilot from conducting 

commercial operations. Sanborn seeks exemption from the subsections because the UAS will

not carry a pilot, passengers or property (other than a camera). As addressed, the Leptron 

Avenger is a very light, remotely controlled UAS with no persons or property on board. The 

area of operations is generally remote or sparsely populated. Each flight is planned and fully 

coordinated in advance in accordance with those procedures provided in the FOD. Thus the risk

associated with the proposed operations is so diminished from that associated with commercial 

operations contemplated by Part 61, that allowing a PIC having a private pilot certificate, rather 

than a commercial certificate, met the minimum flight hour and qualification criteria, and 

operating according to the limitations and guidelines provided herein, provides a level of safety 

that exceeds that provided by a pilot having a commercial certificate operating a conventional

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aircraft as required under the regulations.

The FAA has previously granted exemptions in circumstances similar, in all material 

respects, to those presented herein. See Exemption Nos. 11062, 11063, 11064, 11065, 11066, 

11066A, 11067, 11067A, 11109, 11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11159, 11160, 11161.

3. Section 91.7(a). Civil Aircraft Airworthiness.

Either finding that Sanborn meets the Section 333 criteria or exemption from the 

airworthiness certification requirement under 14 C.F.R. Part 21 renders subsection 91.7(a) 

inapplicable. 

Section 91.7, entitled Civil aircraft airworthiness, subsection (a) states (emphasis added):

“No person may operate a civil aircraft unless it is in an airworthy condition.” There is no FAA 

standard by which such a determination of airworthiness can be made. Nonetheless, given the

limitations and procedures, as contained herein, and in the FOD, for maintaining the aircraft and 

checking it before each flight to ensure that it is in peak operational condition, an equivalent 

level of safety will be provided.

4. Section 91.105. Flight crewmembers at stations.

Sanborn seeks an exemption from 14 C.F.R. 91.105. Section 91.105, entitled Flight 

crewmembers at stations, states (emphasis added):

(a) During takeoff and landing, and while en route, each required flight crewmember 

shall—

(1) Be at the crewmember station unless the absence is necessary to perform duties in 

connection with the operation of the aircraft or in connection with physiological needs; 

and

(2) Keep the safety belt fastened while at the crewmember station.

(b) Each required flight crewmember of a U.S.-registered civil aircraft shall, during 

takeoff and landing, keep his or her shoulder harness fastened while at his or her 

assigned duty station. This paragraph does not apply if—

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(1) The seat at the crewmember's station is not equipped with a shoulder harness; or

(2) The crewmember would be unable to perform required duties with the shoulder 

harness fastened.

In general, Section 91.105 requires pilot and crew to be at their duty stations and 

harnessed during flight. Sanborn seeks exemption from the Section 91.105 because the Leptron 

Avenger UA is by definition an unmanned aircraft, having neither pilot nor crew so as to be 

stationed or harnessed as required by the regulation. An equivalent or even higher level of safety

can be provided instead by using an unmanned aircraft controlled by a PIC who at all times is 

located at and controls the UAS from the GCS. 

5. Section 91.119(c). Minimum safe altitudes.

Sanborn seeks an exemption from 14 C.F.R. 91.119(c). Section 91.119, entitled Minimum 

safe altitudes: General, subsection (d) states (emphasis added):

Except when necessary for takeoff or landing, no person may operate an aircraft below 

the following altitudes:

***

(c) Over other than congested areas. 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.

Section 91.119(c) establishes safe altitudes for operation of civil aircraft over other than 

congested areas. Sanborn seeks exemption from subsection 91.119(c) because, pursuant to this 

Petition, the Leptron Avenger UA will at times be operated below 500’ AGL.

An equivalent or even higher level of safety can be provided instead by, as provided 

herein, operating so as to deconflict with manned vehicles operating above 500’ AGL, within the 

VLOS of the PIC with the assistance of a VO so as to ensure the safety of and deconfliction with 

any persons or property in the air and on the ground, including participating and nonparticipating personnel, 100 feet and 500 feet, respectively, away from who the UA would 

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generally be restricted. Further the Leptron Avenger UAS flight operations will be monitored

at all times by both the PIC and VO and will be in compliance with local public safety

requirements, so as to prevent access to the restricted areas of operation. 

The FAA has previously granted exemptions in circumstances similar, in all material 

respects, to those presented herein. See Exemption Nos. 11062, 11063, 11064, 11065, 11066, 

11066A, 11067, 11067A, 11109, 11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156, 

11157, 11158, 11159, 11160, 11161.

6. Section 91.121(a)(1)(iii). Altimeter settings. 

Sanborn seeks an exemption from 14 C.F.R. 91.121(a)(1)(iii). Section 91.121, entitled

Altimeter settings, states in relevant part (emphasis added):

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of 

that aircraft, as the case may be, by reference to an altimeter that is set, when operating—

(1) Below 18,000 feet MSL, to—

***

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure 

airport or an appropriate altimeter setting available before departure

Subsection 91.121(a)(1)(iii) requires persons operating an aircraft to maintain altitude by 

reference to an altimeter set “to the elevation of the departure airport or an appropriate altimeter 

setting available before departure.” Sanborn seeks exemption from subsection 91.121(a)(1)(iii) 

because the Leptron Avenger UA does not use or have on board a typical barometric altimeter as 

contemplated by the regulation. Instead, the Leptron Avenger UAS has a laser altimeter to 

maintain altitude. 

An equivalent level of safety will be provided instead by operating the UA below

1,200’ AGL within the VLOS of the PIC (with the assistance of a VO) with laser altimeter

information downlinked from the UA to the PIC to maintain altitude and ensure safety. Prior to 

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each flight, a zero altitude/AGL will be established at the launch site, as confirmed for accuracy 

by the PIC. 

7. Section 91.151(b). Fuel requirements for flight in VFR conditions.

Sanborn seeks an exemption from 14 C.F.R. 91.151(b). Section 91.151(b), entitled Fuel 

requirements for flight in VFR conditions, states (emphasis added):

(b) No person may begin a flight in a rotorcraft 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, to fly after that for at 

least 20 minutes.

The Leptron Avenger is an unmanned aircraft, and thus would not begin a flight with a 

person in it as the regulation contemplates. To the extent the regulation applies to the Leptron 

Avenger, an equivalent level of safety can be achieved instead by limiting the Leptron Avenger 

flights to 1.5 hours or 20% battery power, whichever occurs first, as provided in the FOD. Given 

that the Leptron Avenger UA, has a maximum weight of approximately 32 pounds and will fly at 

approximately 12m/s, will be operated within the VLOS of the PIC, this restriction would provide 

more than enough battery reserve to accommodate a safe return to the landing zone from 

anywhere in the operating area with no adverse effect on the safety of persons and property in 

the air or on the ground. 

See also e.g. Exemption Nos. 2689, 5745, 10650 (granted exemption to manned aircraft to 

operate at less than the minimums prescribed in Section 91.151) and Exemption Nos. 8811, 

10808, 10673 (granted similar relief for UAS for day VFR conditions). 

8. Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), 91.417(a) and (b). 

Maintenance inspections and recording.

Section 91.405(a), entitled Maintenance required, states:

Each owner or operator of an aircraft—

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(a) 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(a)(1), entitled Operation after maintenance, preventive maintenance, rebuilding, 

or alteration, states:

(a) No person may operate any aircraft that has undergone maintenance, preventive 

maintenance, rebuilding, or alteration unless—

(1) It has been approved for return to service by a person authorized under § 43.7 of this 

chapter;

Section 91.409 (a)(1) and (2), entitled Inspections, states:

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft 

unless, within the preceding 12 calendar months, it has had—

(1) An annual inspection in accordance with part 43 of this chapter and has been 

approved for return to service by a person authorized by § 43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 

21 of this chapter.

No inspection performed under paragraph (b) of this section may be substituted for any 

inspection required by this paragraph unless it is performed by a person authorized to 

perform annual inspections and is entered as an “annual” inspection in the required 

maintenance records.

Section 91.417(a) and (b), entitled Maintenance records, state:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered 

owner or operator shall keep the following records for the periods specified in paragraph 

(b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and records of 

the 100-hour, annual, progressive, and other required or approved inspections, as 

appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, 

and appliance of an aircraft. The records must include—

(i) A description (or reference to data acceptable to the Administrator) of the work 

performed; and

(ii) The date of completion of the work performed; and

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(iii) The signature, and certificate number of the person approving the aircraft for return 

to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each rotor.

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and 

appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are required 

to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the last 

inspection required by the inspection program under which the aircraft and its appliances 

are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives 

including, for each, the method of compliance, the AD or safety directive number and 

revision date. If the AD or safety directive involves recurring action, the time and date 

when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration 

to the airframe and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the 

work is repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and 

transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this 

chapter shall be retained until the defects are repaired and the aircraft is approved for 

return to service.

In general, these regulations require that an airworthy certificated aircraft be inspected as

prescribed in 14 C.F.R. Part 91, Subpart E (Maintenance, Preventive Maintenance, and 

Alterations), any discrepancies be repaired and the aircraft be approved for return to service as

prescribed in Part 43 (Maintenance, Preventive Maintenance, Rebuilding, and Alterations) and 

that any work on the aircraft be recorded and such records maintained. 

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Sanborn seeks an exemption because, as addressed, the Leptron Avenger UA will operate 

pursuant to this Petition without airworthiness certification. An equivalent level of safety can be

provided instead by requiring, as provided herein, that inspections and maintenance be

accomplished according to the inspection, maintenance, and preflight sections of the FOD

including the Leptron Inspection & Maintenance Manual. As provided in the FOD, among 

other things, the UAS will be inspected prior to each flight to confirm that it is in good 

working order, any maintenance or repairs will be performed and logged, and, upon any work 

being performed on the UA, the UA will be checked and approved for flight by qualified Sanborn

personnel before being returned to service. No pilot or crew need be airborne flying a heavy, 

fuel-ladened aircraft, thereby providing for superior safety to persons and property in the air and 

on the ground. Further, all flights will be conducted during the day below 1,200’ AGL within the 

VLOS of the PIC with the assistance of a VO so as to ensure deconfliction with objects in the air 

and on the ground. Given the Leptron Avenger UA’s light weight, slow speed and low-altitude

operations there is little risk of any damage to persons or property in the air or on the ground should 

a maintenance issue present itself when airborne. Accordingly, any risk associated with using the 

Leptron Avenger UAS as proposed is significantly reduced when compared to that presented by 

using manned aircraft to conduct the same operations.

The FAA has previously granted exemptions in circumstances similar, in all material 

respects, to those presented herein. See Exemption Nos. 11062, 11063, 11064, 11065, 11066, 

11066A, 11067, 11067A, 11109, 11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156, 

11157, 11158, 11159, 11160, 11161.

H. A Summary That Can Be Published In The Federal Register, stating: 

The Rules From Which Sanborn Seeks Exemption:

The Sanborn Map Company, Inc. seeks exemption from the requirements of 14 C.F.R. §§ 

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45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121(a)(1)(iii), 91.151(b), 91.405(a), 

91.407(a)(1), 91.409(a)(1) and (2),and 91.417(a) and (b).

A Brief Description Of The Nature Of The Exemption Sanborn Seeks:

Approval of the above mentioned exemptions will allow Sanborn LLC to operate the Leptron 

Avenger for compensation in the National Airspace system. In relation to Sanborn’s current 

aerial surveying and mapping operations, such exemptions will increase safety, reduce risk to 

person and property on the ground, decrease carbon emissions, reduce the need for Air Traffic 

Control handling, and provide better aerial surveying footage. The Leptron Avenger runs on 

rechargeable batteries and does not carry any persons on-board. Sanborn’s customer’s will 

also benefit from greater operational flexibility and lower costs since Sanborn can operate the 

Leptron Avenger at a lower cost than traditional manned aircraft doing the same job.

Specifically, Sanborn is seeking exemptions to allow:

(1) The Leptron Avenger to be marked with its registration number on its largest 

available services;

(2) A private pilot with 3rd class medical to operate the Leptron Avenger as the Pilot in 

Command;

(3) Operate the Leptron Avenger even though it has not been certified as airworthy;

(4) Allow the Pilot in Command to control the Leptron Avenger from the controls that 

are located at the ground control station;

(5) Operate the Leptron Avenger below 500’ AGL;

(6) Operate the Leptron Avenger with a laser altimeter instead of a barometric altimeter; 

(7) Conduct operations lasting 1.5 hours or until the battery life reaches 20%, whichever 

occurs first; and

(8) Conduct inspections and maintenance in accordance with the Leptron Maintenance 

Operations Manual and Sanborn’s Flight Operations Documents.

I. Conclusion

Accordingly, as set forth above, Sanborn Map Company, Inc. seeks an exemption

pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 

2012, to permit safe operation of the Leptron Avenger UAS commercially, without an

airworthiness certificate, for the special purpose of conducting aerial imaging operations. By

granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of 

Section 333 of the FAA Modernization and Reform Act of 2012 to expedite approval of 

operations of certain UAS in the NAS, while also advancing the interests of the public.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA 

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Modernization and Reform Act of 2012, Section 333, Sanborn Map Company, Inc. respectfully

requests that the Administrator grant this Petition for an exemption from the requirements of 14 

C.F.R. §§ 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121(a)(1)(iii), 91.151(b),

91.405(a), 91.407(a)(1), 91.409(a)(1) and (2),and 91.417(a) and (b).

Dated: February 6, 2015 Respectfully submitted,

Husch Blackwell LLP

/s/ Thomas L. Gemmell

Thomas L. Gemmell

HUSCH BLACKWELL LLP

120 South Riverside Plaza, 22nd Floor

Chicago, Illinois 60606

Tel: (312) 526-1523

Fax: (312) 655-1501

tom.gemmell@huschblackwell.com

Attorneys for Petitioner

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