November 17, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Petition of H2o Optimizer for an Exemption Pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012 

Director: Flight Standards Service: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act") and 

14 C.F.R. Part 11, H2o Optimizer hereby applies for an exemption from the Federal Aviation 

Regulations ("FARs") identified below to allow commercial operation of small unmanned aerial 

vehicles (i.e., "small unmanned aircraft" or "UAS") for the purpose of conducting aerial 

photography, videography, inspection and mapping for the agriculture industries and real estate. 

This petition for exemption is made based on information outlined in this Petition for Exemption, 

as well as the accompanying H2o Optimizer documents; 

1. PIC Flight Operations Manual and; 

2. Operations Manuals 

(Collectively 2 and 3 are referred to as Documents & Manuals") 

3. User Guide and; 

4. Flight Manual1

 

 (Collectively 3 and 4 are referred to as "Manufacturer's Manuals") 

H2o Optimizer submits these supporting materials as confidential documents pursuant to 14 

C.F.R. § 11.35(b), as the materials contain confidential commercial and/or proprietary 

information that H2o Optimizer has not and will not share with other requesting parties. 

Additionally, these documents contain operating conditions and procedures that are not generally 

available to the public and are protected from release under the Freedom of Information Act, 5 

U.S.C. § 552 et. seq. NOTE: ALL ATTACHMENTS SET FORTH IN SUPPORT OF 

THIS LETTER OF PETITION ARE CONFIDENTIAL AND SHALL NOT BE 

RELEASED TO THE PUBLIC WITHOUT WRITTEN AUTHORIZATION FROM 

THE PETITIONER.

For your convenience, this Petition is organized as follows: 

 

1

. The term "Manufacturer's Manual" also includes all relevant manufacturer publications, including, but not limited 

to: operations and flight manuals, user guides, component maintenance manuals, pilot training manuals, service 

information letters and, safety/service bulletins.
U.S Department of Transportation 

November 17, 2015 

Page 2 

I. Description of Petitioner 

II. Description of Proposed Operations 

A. Aerial Videography, Photography, Inspection and Mapping 

III. Relevant Statutory Authority 

IV. H2o Optimizer’s Proposed UAS Operations Meet the Requirements of 

Section 333 of the Reform Act 

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and 

Operational Capability 

B. Approval is Warranted Based on the Operational Restrictions Set Forth in the 

Operations Manuals 

V. Regulations From Which Exemption is Requested 

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 C.F.R. § 

91.203(a)(1) 

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft 

C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and 

Identification Requirements 

D. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): 

Maintenance Inspections 

E. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot 

Privileges and Limitations 

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness 

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 

C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and 

Registration 

H. 14 C.F.R. § 91.103: Preflight Action 

I. 14 C.F.R. § 91.109(a): Flight Instruction 

J. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes 

K. 14 C.F.R. § 91.121: Altimeter Settings 

L. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

V1. Drug and Alcohol Program 

VII. Public Interest 

VIII. Privacy 

IX. Federal Register Summary 

X. Conclusion 

I. DESCRIPTION OF PETITIONER

H2o Optimizer is based in Fresno, CA and provides farming recommendations partly supported 

by aerial videography, photography, inspection and mapping to their client base. The 
U.S Department of Transportation 

November 17, 2015 

Page 3 

Company’s Principal and Chief Pilot will have 5+ years’ experience in RC systems including 

fixed and multi rotor platforms and UAV operations while exhibiting a mindset towards safety 

and common sense. The Chief Pilot will have a current pilots license for single engine aircraft. 

Upon the grant of the 333 Exemption the Company’s business will continue to specialize in 

photography, videography, inspection and mapping primarily for the agriculture industry and in 

rare cases real estate industries and may offer search and rescue services to local municipalities 

and law enforcement. The outstanding majority of H2o Optimizer’s operation will be for the 

agricultural industry. These flights will be conducted on private property in sparsely populated 

sections of land located miles from communities and void of most common hazards including, 

vehicles (land or air), people, powerlines, buildings and equipment. 

H2o Optimizer’s staff are well trained and experienced in providing support as visual observers 

(“VO”) for the pilot in command (“PIC”) in addition to any other needed on site assistance. 

All of the equipment owned by H2o Optimizer is of the highest quality and H2o Optimizer has 

been able to provide these services safely and without any claims or incident. H2o Optimizer’s 

goal is to advise the perspective client that H2o Optimizer is following all the applicable state 

and federal rules to ensure the safety of the public while providing the client with a competitive 

and cost effective product. 

H2o Optimizer seeks an exemption to allow for photography, videography, mapping, inspection 

and other related media products. 

The contact information for Petitioner is as follows: 

Brian Bassett 

H2o Optimizer 

438 E Shaw Ave Suite 135 

Fresno CA 93710 

Phone: 559.478-8162 

Email: bb@h2o-optimizer.com 

II. DESCRIPTION OF PROPOSED OPERATION

H2o Optimizer seeks an exemption pursuant to Section 333 of the Reform Act to operate the 3D 

Robotics (3DR) Pixhawk autopilot system in a fixed wing VK-Ranger EX, the 3DR x8M as well 

as the 3DR Aero M (referred to GP-UAS) (under 55lbs) for the proposed operations discussed 

herein below. All UAS operations will occur under tightly controlled conditions on private 

property or approved location where H2o Optimizer has received verifiable permission to 

operate from the landowner, controller or authorized representative. The proposed UAS 

operations will be conducted in accordance with the conditions and limitations of this Petition for 

Exemption and H2o Optimizer’s Operations Manuals. As detailed in H2o Optimizer’s 

Operations Manuals, all UAS operations will be limited to daytime VFR conditions, within 

visual line-of-sight ("VLOS") of the operator, in uncontrolled airspace, and will occur at least 5 

nm away from an airport reference point. Moreover, H2o Optimizers Operations Manuals 

incorporate redundant safeguards to assure the aircraft does not travel outside the controlled area 

of UAS operations, including GPS "geo-fencing" technologies. 
U.S Department of Transportation 

November 17, 2015 

Page 4 

A. Aerial Videography, Photography, Cinematography, inspection and 

Mapping 

H2o Optimizer seeks to use small GP-UAS for the purpose of conducting aerial photography, 

videography, inspection and mapping for the agriculture and real estate industry. H2o Optimizer 

has purposefully tailored its operations to meet the requirements established by the FAA in prior 

grants of exemption authorizing commercial use of UAS in the relevant industries, including: 

• Astraeus Aerial (Exemption No. 11062) 

• Picture Factory, Inc. (Exemption No. 11178) 

• VDOS Global, LLC (Exemption No. 11112) 

• Team 5, LLC (Exemption No. 11158) 

• Douglas Trudeau (Exemption No. 11138) 

• Slugwear, Inc. (Exemption No. 11157) 

• Vineyard Aviation, LLC (Exemption No. 12844) 

• Counsel for vine rangers INC. (Exemption No. 11379)

• Schnader Harrison Segal & Lewis (Exemption No. 12089) 

• A 32 Advisory Company, LLC. (Exemption No. 12646). 

• US Drone Aviation LLC (Exemption No. 11855) 

• Aerial Precision Survey (Exemption No. 11617); 

All UAS photography, videography, inspection and mapping operations will occur on private 

property or approved location in a controlled area away from spectators and persons not involved 

in the recording process. In addition, the filming will be conducted between dawn and dusk to 

ensure maximum safety for the public and those involved in the manipulation and operation of 

the UAS; VFR conditions, at altitudes below 400' above ground level (“AGL”). 

As set forth below, H2o-Optimizer’s operations provide an equivalent level of safety which is 

superior to performing the same work using conventional fixed-wing aircraft or helicopters. 

Small UAS recording operations is also safer than traditional manned aircraft performing the 

same function. Videographer-inspectors also frequently need to climb roof tops, ladders, trees, 

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

electrocution or other work related injuries. In addition, depending on the nature of the video 

needed and inspection, proximity to equipment, and other mechanical hazards associated with 

industrial sites and construction facilities often involves a risk of exposure to hazardous 

conditions. The use of GP-UAS mitigates these hazards and is ultimately a much safer and cost 

efficient method of performing these and most other types of recording operations. 

Moreover, conventional operations using rotorcraft and fixed-wing aircraft in low level 

operations present risks associated with vehicles weighing tens of thousands of pounds 

(including payload) and carrying large amounts of fuel which inherently presents significant fire 

hazards as well as exposure to other chemical contaminates. It is important to note the use of 

small UAS in this area will not only be safer and more cost effective to the perspective user or 

purchaser of the service, but the quality and expanse of acquired information will be far more 
U.S Department of Transportation 

November 17, 2015 

Page 5 

robust given the low cost associated with its acquisition and other potential consumers an 

inexpensive product. 

UAS video and imagery production is of much higher quality, more reliable, and allows for the 

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

duration at a very low cost with rapid data processing usually under 12hrs between field 

collection and processed data for use. Small UAS will also be capable of accessing and 

inspecting areas that would otherwise be inaccessible or highly dangerous using conventional 

aircraft or other inspection methods. 

III. RELEVANT STATUTORY AUTHORITY

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the 

FAA Modernization and Reform Act of 2012 ("Reform Act"). Congress has directed the FAA 

"to safely accelerate the integration of civil unmanned aircraft systems into the national airspace 

system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit 

unmanned aircraft systems to operate in the National Airspace Systems ("NAS") where it is safe 

to do so based on the following considerations: 

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

● Operation of the UAS in close proximity to airports and populated areas; and

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

Additionally, the FAA Administrator has general authority to grant exemptions from the agency's 

safety regulations and minimum standards when the Administrator decides a requested 

exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of the 

Administrator); 49 U.S.C. § 44701(f) (permitting exemptions from §§ 44701(a), (b) and 

§§ 44702 – 44716, et seq.). A party requesting an exemption must explain the reasons why the 

exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or 

how it would provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 

(petitions for exemption). 

IV. H2o Optimizer’s PROPOSED GP-UAS OPERATIONS MEET THE 

REQUIREMENTS OF SECTION 333 OF THE REFORM ACT

The small GP-UAS operations proposed by H2o Optimizer as noted above in this Petition for 

Exemption qualify for expedited approval pursuant to Section 333 of the Reform Act as each of 

the statutory criteria and relevant factors are satisfied. 

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and 

Operational Capability 

A Grant of Exemption is appropriate for operations conducted using the UASs due to their size 

weight, speed, and operational capability. 

 
U.S Department of Transportation 

November 17, 2015 

Page 6 

• The GP-UAS crafts utilized by H2o Optimizer have been approved for use in 

prior Section 333 Grants of Exemption from the FAA.2

• The GP-UAS weighs less than 55 pounds, including payload 

• The GP-UAS will not be flown at a ground speed in excess of 50 knots. The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 50 knot speed restriction 

• Altitude information will be generated by equipment onboard the UAS as 

specified using GPS triangulation, digitally encoded barometric altimeter, radio 

altimeter, or any combination thereof. This information will be transmitted to the pilot 

via telemetric data feed. 

• The GP-UAS will have system redundancies and independent functionality to 

ensure the overall safety and predictability of the system. If connection to the remote 

control or ground control station is lost, failsafe systems will permit the UAS to 

return to a predetermined location and safely land without injury or damage. 

• The radio frequencies used for operations and control of the GP-UAS comply 

with the Federal Communications Commission ("FCC") and other appropriate 

government oversight agency requirements. The operating frequency for the GP-UAS 

is 2.4 GHz frequency bands. 

If the same operations were conducted using a helicopter, the aircraft's take-off weight would 

likely exceed 6,000 pounds depending on payload. The difference in weight between the GPUAS and a helicopter significantly reduces the potential harm to the participating and nonparticipating individuals and/or surrounding property in the event of an unintended accident or 

incident. In addition, the risk to the onboard pilot and camera operator is eliminated. 

B. Approval is Warranted Based on the Operational Restrictions Set Forth in 

H2o Optimizer’s Operations Manuals 

Operations Manuals and the Manufacturer's Manual for the selected GP-UAS will contain all the 

procedures and limitations necessary to safely and successfully perform the operations specified 

in this Petition for Exemption. To assist the FAA in making a safety assessment of H2o 

Optimizer’s proposed operations, below is a summary of operational limitations and conditions 

that H2o Optimizer will adhere to, and which will ensure an equivalent or higher level of safety 

to operations conducted under current regulatory guidelines: 

1. The GP-UAS weighs less than 55 pounds, with payload. 

 

2

See e.g., Grant of Exemption to Aerial Precision Survey (Exemption No. 11617); Grant of Exemption to US Drone 

Aviation LLC (Exemption No. 11855); Grant of Exemption to Measure, a 32 Advisory Company, LLC. (Exemption 

No. 12646). 
U.S Department of Transportation 

November 17, 2015 

Page 7 

2. All operations shall be conducted over private or controlled-access property with 

verifiable permission from the land owner/controller or authorized representative. 

Permission from land owner/controller or authorized representative will be obtained 

for each scheduled flight prior to operation. 

3. All UAS operated under the Grant of Exemption will 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. Markings will be as large as 

practicable. 

4. Minimum crew for each flight operation will consist of a pilot, who will be Pilot-in 

Command ("PIC") of the GUN-UAS, and one or more Visual Observers ("Observer") 

as necessary to safely conduct the mission. 

5. PICs shall possess either a private, recreational, or sport pilot certificate. The PIC 

must also hold a current FAA airman medical certificate or a valid U.S. driver’s 

license issued by a state, the District of Columbia, Puerto Rico, a territory, a 

possession, or the Federal government. The PIC will also meet the flight review 

requirements specified in 14 C.F.R 61.56 in an aircraft in which the PIC is rated on 

his or her pilot certificate. 

 

6. The GP-UAS shall be operated within VLOS of the PIC and Observer at all times. 

The PIC must use human vision unaided by any device other than corrective lenses, 

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

7. The PIC and Observer designated for any operation will be able to communicate 

verbally at all times. 

8. Electronic messaging or texting will not be permitted during flight operations. 

9. The additional requirements identified in the Grant of Exemption shall be added to 

the H2o optimizer’s Operations Manuals. The Operations Manuals will be maintained 

and made available to the Administrator upon request. If a discrepancy exists 

between the conditions and limitations in the Grant of Exemption and H2o 

Optimizer’s Operations Manuals, the conditions and limitations in the Grant of 

Exemption shall take precedence and must be followed. Otherwise, H2o Optimizer 

shall follow the procedures outlined in their Operations Manuals. 

10. H2o Optimizer may update or revise its Operations Manuals. Revisions will be 

tracked and a revised copy of the Manual will be provided to the Administrator upon 

request. H2o Optimizer will also present an updated and revised Operations Manuals 

if it petitions for extension or amendment to its Grant of Exemption. If an update or 

revision would affect the basis upon which the FAA grants the exemption, H2o 

Optimizer will seek an amendment to its Grant of Exemption. Geiger Photography 

will contact the FAA’s UAS Integration Office (AFS-80) if questions arise regarding 

updates or revisions to the operating documents. 

11. H2o Optimizer Operations Manuals and its Grant of Exemption will be available to 
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November 17, 2015 

Page 8 

the PIC at the ground control station anytime the GP-UAS is operating. 

12. The PIC is prohibited from beginning a GP-UAS flight unless (considering wind and 

forecast weather conditions) there is enough power to fly to the first intended point of 

landing, and assuming normal cruising speed, to fly after that for at least 10 minutes. 

13. Maximum total flight time for each operational flight using the GP-UAS will be 

limited to 40 minutes or the amount of time the UAS can be flown and still maintain a 

reserve battery power of no less than 25%, whichever occurs first. 

14. Flights will be operated at an altitude of no more than 400 feet AGL and will never 

enter navigable controlled airspace without timely prior written authorization and 

approval from the FAA. In the event the structure being inspected exceeds 400 feet 

AGL, the UAS will not be operated more than 100 feet above the highest point on the 

structure, and no more than 50 feet horizontally from the structure. 

15. Flight operations must be conducted at least 500 feet from all nonparticipating 

persons. (persons other than the PIC, VO, operator trainees or essential persons), 

vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an accident. The operator 

must ensure that nonparticipating persons remain under such protection. If a 

situation arises where nonparticipating persons leave such protection and are 

within 500 feet of the UA, flight operations must cease immediately and/or; 

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

owner/controller of such vessels, vehicles or structures has granted permission 

and the PIC has made a safety assessment of the risk of operating closer to 

those objects and determined that it does not present an undue hazard, and; 

c. Operations nearer to the PIC, VO, operator trainees or essential persons do not 

present an undue hazard to those persons per § 91.119(a). 

16. The GP-UAS may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 

17. The GP-UAS may not operate within 5 nm of an airport reference point 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 H2o Optimizer COA. The letter of agreement with the 

airport management will be made available to the Administrator upon request. 

18. Prior to each flight the PIC shall inspect the GP-UAS to confirm that it is in a 

condition safe for flight. The pre-flight inspection will account for all discrepancies, 

e.g. inoperable components, items, or equipment, not already covered in the relevant 

sections of the operating documents as well as equipment updates. The PIC shall not 

operate any GP-UAS if the inspection reveals a condition that affects the safe 
U.S Department of Transportation 

November 17, 2015 

Page 9 

operation of the GP-UAS until the necessary maintenance has been performed and the 

GP-UAS is found to be in a condition for safe flight. The ground control station shall 

be included in the preflight inspection. All maintenance and alternations must be 

properly documented in the UAS’s records as required by H2o Optimizers Operations 

Manuals. 

19. H2o Optimizer will timely carry out its maintenance, inspections, and record keeping 

requirements in accordance with the Operations Manuals. Maintenance, inspection, 

and alterations will be fully noted in the GP-UAS records, including total time in 

service, description of work accomplished, date completed and the signature of the 

authorized person returning the GP-UAS to service. 

20. Any GP-UAS that has undergone maintenance or alterations that affect the UAS 

operation or flight characteristics (e.g., replacement of a flight critical component) 

must timely undergo a functional test flight in accordance with H2o Optimizer’s 

Operations Manuals. The PIC who conducts the functional test flight must make an 

entry in the UAS aircraft records of the flight. The requirements and procedures for a 

functional test flight and GP-UAS record entry shall be included in the H2o 

Optimizer’s Operations Manuals. 

21. The GP-UAS will be operated and maintained according to the Manufacturer's 

Manuals and any required manufacturer Safety/Service Bulletins and product updates. 

22. Prior to the operation, a Mission Packet will be created in accordance with the 

requirements on H2o Optimizer’s Operations Manuals.

23. H2o Optimizer will obtain an Air Traffic Organization ("ATO") issued Certificate of 

Waiver or Authorization, otherwise known as a COA, prior to conducting any 

operations under this Grant of Exemption. A NOTAM will be issued as required by 

the COA. All operations will be conducted in accordance with airspace requirements 

in the ATO issued COA including class of airspace, altitude level and potential 

transponder requirements.

24. All required permissions and permits will be obtained from territorial, state, county or 

city jurisdictions, including local law enforcement, fire or other appropriate 

governmental agencies. 

25. If the GP-UAS loses communication with the PIC, it will have the capability to safely 

return to a pre-determined location within the operational area and land safely. 

26. Contingency plans will be in place to safely terminate flight if there is a loss of 

communication between the PIC and the Observer. 

27. The GP-UAS will have the capability to safely abort flight in the case of unpredicted 

obstacles or emergencies. 

28. PICs and Observers will have at least a current Class III Medical Certificate or a valid 

and current state driver’s license issued within the United States. 
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November 17, 2015 

Page 10 

29. Prior to conducting operations for filming, the PIC will have accumulated and logged, 

in a manner consistent with 14 CFR § 61.51(b), a minimum of 200 flight cycles and 

25 hours total time as a UAS rotorcraft pilot and at least 10 hours logged as a UAS 

pilot with a similar GP-UAS type platform. This requirement can be achieved by 

flights conducted and logged as a hobbyist. 

30. Prior to conducting operations for filming, the PIC will have accumulated and logged, 

in a manner consistent with 14 CFR § 61.51(b), a minimum of hours pursuant to 54 

CFR § 61.51(b) as UAS pilot operating the make and model of GP-UAS to be utilized 

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

preceding 90 days. 

31. Operations shall occur during daytime VFR Meteorological Conditions; flights under 

special visual flight rules ("SVFR") shall not be conducted. 

32. The GP-UAS shall remain clear and yield the right of way to all other manned 

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

parachute activities, parasailing activities, hang gliders, etc.). 

33. GP-UAS Operations under Instrument Flight Rules, at night, or beyond VLOS are 

prohibited. 

34. The UAS will not be operated from an elevated platform unless designed and 

engineered specifically for such purposes and be in compliance with the general 

restrictions imposed by the applicable regulations. Additionally no PIC will provide 

any film-flight operations while in motion from atop any elevated platform vehicle or 

device. 

35. Before conducting operations, the radio frequency spectrum used for operation and 

control of the GP-UAS will comply with the Federal Communications Commission 

(FCC) or other appropriate government oversight agency requirements. 

V. REGULATIONS FROM WHICH EXEMPTION IS REQUESTED

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

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under § 

40101 of the Act, including UASs, from its safety regulations and minimum standards when the 

Administrator decides a requested exemption is in the public interest.3

H2o Optimizer seeks an exemption from several interrelated provisions of Title 14 of the Code 

of Federal Regulations ("14 C.F.R") Parts 21, 45, 61 and 91 for purposes of conducting the 

requested operations using GP-UAS platforms noted above. Listed below are: (1) the specific 

sections of 14 C.F.R for which exemption is sought, and (2) the operating procedures and 

 

3

49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations prescribed pursuant to 

Sections 44701(a) and (b) and Sections 44702 - 44716). 
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November 17, 2015 

Page 11 

safeguards that Petitioner has established which will ensure a level of safety better than or equal 

to the rules from which exemption is sought.4

UNMANNED AIRCRAFT SYSTEM

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 C.F.R. 

§91.203(a)(1) 

The FAA has stated that no exemption is needed from this section if a finding is made under the 

Reform Act that the UAS selected provides an equivalent level of safety when compared to 

aircraft normally used for the same application. These criteria are met and in point of fact 

exceeded, and therefore no exemption is needed. 5

 If, however, the FAA determines that there 

are some characteristics of the chosen UAS that fail to meet the requirements of the Reform Act, 

an exemption is requested. 

Equivalent Level of Safety 

H2o Optimizer’s use of the GP-UAS is safe when taking into account its size, weight, speed, and 

operational capability. As set forth in the description of proposed operations in Section IV(A), 

the GP-UAS weighs less than 55 pounds, including payload and will not be flown at a ground 

speed in excess of 50 knots. The GP-UAS is also equipped with safety features which will allow 

Petitioner to operate the GP-UAS safely after experiencing certain in-flight contingencies or 

failures as noted below.6 7

 Additionally, the GP-UAS carries neither pilots nor passengers, carries 

no explosive materials or flammable liquid fuels, or other elements identified by Homeland 

Security as being prohibitive and operate exclusively within the parameters stated in H2o 

Optimizer’s Operations Manuals. 

Operations conducted under this exemption will be closely controlled and monitored by the PIC 

operator and will be conducted in compliance with local public safety requirements, to provide 

security for the area of operation. H2o Optimizer will also provide the FAA with advance notice 

of all operations via NOTAMs as required by the applicable COA. In all cases, operation of the 

 

4

 14 C.F.R § 11.81(e), which requires a petition for exemption to include: The reasons why granting the exemption 

would not adversely affect safety, or how the exemption would provide a level of safety at least equal to that 

provided by the rule from which you seek exemption.

5

See Grant of Exemption No. 11062 to Astraeus Aerial (FAA-2014-0352 at pgs. 13-14, 22). 

6

See e.g., Grant of Exemption No. 12089 to Schnader Harrison Segal & Lewis (FAA-2015-0556 at pg. 7, 27): " (2) 

an integrated backup system for in - flight recovery and manual override with dedicated processor and stand 

- alone power supply, ( 3) a backup system providing consistent autopilot and manual override modes , (4) 

redundant power supply inputs and automatic failover , (5) a multicolor LED visual indicator and high - power 

audio indicator , and (6) a microSD card for high - rate, continuous logging ." 

7

See e.g., Grant of Exemption No. 11379 to Counsel for vine rangers INC.. (FAA-2015-0059 at pgs. 5-6): " The 

UAS will have system redundancies and independent functionality to ensure the overall safety and predictability of 

the system. If connection to the remote control or ground control station is lost, failsafe systems will permit the UAS 

to return to a predetermined location and safely land without injury or damage"
U.S Department of Transportation 

November 17, 2015 

Page 12 

GP-UAS under the proposed conditions will be at least as safe as, or safer than, conventional 

rotorcraft or fixed wing operating with an airworthiness certificate. Lastly, the GP-UAS do not 

need a means to communicate with other aircraft or ATC, because those capabilities will be 

solely possessed by the PIC and Observer, who are not onboard the GP-UAS.8 In addition, no 

sense-and-avoid technology is necessary for the GP-UAS because they will be operated at all 

times in VFR conditions and within VLOS of the PIC and Operator.9

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft 

Title 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of 

normal category rotorcraft. To the extent that H2o Optimizer’s small GP-UAS would otherwise 

require certification under Part 27, Petitioner seeks an exemption from Part 27's airworthiness 

standards for the same reasons identified in the request for exemption from 14 C.F.R. R. Part 21, 

Subpart H, supra.

C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification 

Requirements 

H2o Optimizer seeks an exemption from the aircraft marking and identification requirements 

contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a). 

● 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard 

requirements, provides that: 

No person may operate a U.S.-registered civil aircraft unless that aircraft 

is identified in accordance with Part 45 of this chapter. 

● 14 C.F.R. § 45.23(b), Markings of the Aircraft, states: 

When marks include only the Roman capital letter "N" and the registration 

number is displayed on limited, restricted or light-sport category aircraft 

or experimental or provisionally certificated aircraft, the operator must 

also display on that aircraft near each entrance to the cabin, cockpit, or 

pilot station, in letters not less than 2 inches nor more than 6 inches high, 

the words "limited," "restricted," "light-sport, "experimental," or 

"provisional," as applicable.

● 14 C.F.R. § 45.27(a), Rotorcraft, states: 

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. 

 

8

See Grant of Exemption No. 11062 to Astraeus Aerial (FAA-2014-0352 at pg. 13). 

9

. See Grant of Exemption No. 12844 to Vineyard Aviation, LLC (FAA-2015-2096 at pg. 7). 
U.S Department of Transportation 

November 17, 2015 

Page 13 

In a previous Grant of Exemption, the FAA determined that exemption from these requirements 

was warranted provided that the aircraft "have identification (N-Number) markings in 

accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable."10

Equivalent Level of Safety 

All GP-UAS flown by H2o Optimizer will bear N-number markings that are as large as 

practicable in accordance with 14 C.F.R. Part 45, Subpart C.11

D. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): 

Maintenance Inspections 

H2o Optimizer seeks an exemption from the maintenance inspection requirements contained in 

14 C.F.R. § 91.405(a), 91.407(a) (1), 91.409(a)(2); 91.417(a) and (b). These regulations specify 

maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 

91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections ...have discrepancies 

repaired as prescribed in part 43 of this chapter"). An exemption from these regulations is needed 

because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which 

the UAS platforms to be operated under this grant of exemption will not have. (Emphasis added) 

Equivalent Level of Safety 

An equivalent level of safety will be achieved or exceeded because maintenance and inspections 

will be timely performed in accordance with the Manufacturer's Manual and any required 

manufacturer Safety or Service Bulletins. Further, as required by H2o Optimizer’s Operations 

Manuals, the PIC will conduct a pre-flight inspection of the GP-UAS and all associated 

equipment to account for all discrepancies and/or inoperable components. Maintenance will be 

performed and verified to address any conditions potentially affecting safe operation of the GPUAS and no flights will occur unless, and until, all flight critical components of the GP-UAS 

have been found to be airworthy and in a condition safe for operation. A functional test flight will 

be conducted following the replacement of any flight-critical components. As required by H2o 

Optimizer’s Operations Manuals, the PIC who conducts the functional test flight will make an 

entry in the GP-UAS aircraft records of the flight.

H2o Optimizer’s Operations Manual also includes requirements to follow the manufacturer’s 

UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit 

requirements for the following applicable components: powertrain system (powerplant), 

propellers, avionics and control surfaces (including ailerons/elevons), structures & airframe, 

camera system, electrical systems (including batteries), ground control station, hazard 

accessories, and spare parts. Further, H2o Optimizer’s Operations Manuals also include 

procedures to document and maintain a record of the GP-UAS’s maintenance, preventative 

maintenance, alterations, status of replacement /overhaul component parts, and the total time in 

service of the GP-UAS used under this Grant of Exemption. As a whole, the maintenance and 

 

10. FAA Docket No. FAA-2014-0352. 

11. See, e.g., FAA Docket No. FAA-2014-0352, at 14. 
U.S Department of Transportation 

November 17, 2015 

Page 14 

inspection procedures required in H2o Optimizer’s Operations Manuals ensure that an equivalent 

or higher level of safety will be achieved.

PILOT-IN-COMMAND OF THE UAS

E. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations 

H2o Optimizer seeks exemption from 14 CFR § 61.113, which restricts private pilot certificate 

holders from flying aircraft for compensation or hire, and would also require a second class 

medical certificate. The purpose of Part 61 is to ensure that the skill and competency of any PIC 

matches the airspace in which the PIC will be operating, as well as requiring certifications if the 

private pilot is carrying passengers or cargo for hire. In this case, while the GP-UAS will be 

operated as part of a commercial operation, they carry neither passengers nor cargo. In the Grant 

of Exemption to Astraeus Aerial, the FAA determined that the unique characteristics of UAS 

operation outside of controlled airspace did not warrant the additional cost and restrictions 

attendant with requiring the PIC to have a Commercial Pilot Certificate and Class III Medical 

Certificate.12 The fulfillment of the additional requirements for a private pilot to become 

qualified as a commercial pilot would not lead to any additional safety benefits when UAS 

operations are involved. 

Equivalent Level of Safety 

The restrictions H2o Optimizer has placed on its GP-UAS operations meet or exceed the 

restrictions similarly imposed on Astraeus Aerial. H2o Optimizer will operate on private property 

or approved location away from persons and property not involved in the operation. H2o 

Optimizer will also obtain an ATO issued COA prior to conducting any operations under this 

Grant of Exemption. All operations will be conducted in accordance with airspace requirements 

in the ATO issued COA including class of airspace, altitude level and potential transponder 

requirements. A NOTAM will also be issued as required by the applicable COA.

In addition to these flight restrictions, H2o Optimizer will further ensure safe operation by 

requiring that any PIC be thoroughly versed not only in airspace and communication issues 

pertaining to all aircraft operators but also in the unique aspects of GP-UAS flight. As set forth 

in the Operations Manuals, pilots will have experience not only in GP-UAS operations generally 

but have logged flight time in the specific make and model used for the operations before they 

are permitted to participate in commercial flights on behalf of H2o Optimizer. The pilot 

qualification, training, and currency requirements in the Operations Manuals ensure that H2o 

Optimizer pilots are competent and proficient in the GP-UAS they are operating. H2o 

Optimizer’s training and qualification requirements are consistent with those contained in prior 

FAA Section 333 Grants of Exemption, and will provide a higher level of competency and 

proficiency for its pilots and will ensure at least an equivalent level of safety to the public. 

OPERATING PARAMETERS OF THE UAS

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness 

 

12Exemption No. 11062 (FAA Docket No. FAA-2014-0352).
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November 17, 2015 

Page 15 

Inasmuch as there will be no airworthiness certificate issued for the UAS, H2o Optimizer seeks 

an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy 

condition to be operated. The FAA has stated that no exemption is required for 14 C.F.R. § 

91.7(a) to the extent that the requirements of Part 21 are waived or found inapplicable.13 

Accordingly, Petitioner requests that the requirements for § 91.7(a) be treated in accordance with 

Section V(A), supra. 

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. 

§ 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration 

Title 14 C.F.R. § 91.9(b) (2) and § 91.203(a) and (b) require the operator to carry airworthiness 

documents and other aircraft manuals onboard the aircraft. Pursuant to 14 C.F.R. § 91.9(b) (2): 

(b) No person may operate a U.S.-registered civil aircraft – 

... 

(2) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this 

chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft 

Flight Manual, approved manual material, markings, and placards, or any combination 

thereof. 

Pursuant to 14 C.F.R. § 91.203(a) and (b): 

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has 

within it the following: 

 (1) An appropriate and current airworthiness certificate... 

(b) No person may operate a civil aircraft unless the airworthiness certificate required by 

paragraph (a) of this section or a special flight authorization issued under § 91.715 is 

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. 

Given the small size and configuration of the GP-UAS, it would be impossible to keep 

airworthiness documents and other aircraft manuals on board the GP-UAS because there is 

simply no room and the GP-UAS has no cabin or cockpit. As a way to comply with the code 

H2o Optimizer will maintain the documents with the PIC and make them available for 

inspection. 

Equivalent Level of Safety

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by Dean E. 

Griffith, Attorney, AGC-220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 

91.203(a) and (b) is met if the pilot of the unmanned aircraft has access to the UAS flight 

manual, registration certificate, and other required documents from the ground control station 

from which he or she is operating the aircraft.14 As this FAA Office of Chief Counsel Opinion 

 

13 See Id. at 13-14, 22. 

14 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation and Regulation, 

to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No. FAA-2014-0352 at 16-18. 
U.S Department of Transportation 

November 17, 2015 

Page 16 

clarifies, the intent of the rule is to ensure the pilot has access to these key documents during 

flight. Therefore, an equivalent level of safety will be achieved by ensuring that the pilot has 

access to the documents at the ground control station from which he or she is piloting the UAS. 

H. 14 C.F.R. § 91.103: Preflight Action 

H2o Optimizer seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become 

familiar with specific information before each flight, including information contained in the 

FAA-approved Flight Manual on board the aircraft. While the PIC will be familiar with all 

information necessary to safely conduct the flight, an exemption is requested to the extent that an 

FAA-approved Flight Manual is required. 

Equivalent Level of Safety 

An equivalent level of safety will be provided by following the H2o Optimizer’s Operations 

Manuals and the Manufacturer's Manual. The PIC will perform a series of checklists designed to 

identify any defects or inoperable components in accordance with the H2o Optimizer’s 

Operations Manuals, including checklists covering Pre-Flight, Launch, Landing, and Post-Flight 

procedures. The PIC will also be required to review weather, flight requirements, battery charge, 

landing and takeoff distance, UAV performance data, and contingency landing areas—before 

initiation of flight. H2o Optimizer’s Operations Manuals and the Manufacturer's Manual will be 

kept at the ground control station and will be accessible to the PIC at all times while operating 

the UAS. 

I. 14 C.F.R. § 91.109(a): Flight Instruction 

H2o Optimizer seeks an exemption from 14 C.F.R. § 91.109(a), which provides in pertinent part 

that "[n]o person may operate a civil aircraft (except a manned free balloon) that is being used 

for flight instruction unless that aircraft has fully functioning dual controls." UASs and remotely 

piloted aircraft, by their design, do not have functional dual controls. Instead, flight control is 

accomplished through the use of a device that communicates with the aircraft via radio 

communications. Accordingly, an exemption will be required for the flight instruction 

requirements of 14 C.F.R. § 91.109(a). 

Equivalent Level of Safety 

Given the size and speed of the UASs that H2o Optimizer intends to use, an equivalent level of 

safe training can still be performed without dual controls because no pilot or passengers are 

aboard the UAS, and as required by the H2o Optimizer Operations Manuals, all persons will be a 

safe distance away in the event that the UAS experiences any difficulties during flight 

instruction. Moreover, as required by the H2o Optimizer’s Operations Manuals, all flight training 

will be conducted in controlled and sterile environment. As a whole, the safety procedures 

provided for in H2o Optimizer’s Operations Manuals ensure that the proposed UAS operations 

provide an equivalent or higher level of safety than that provided by the flight instruction 

regulations. 

 
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November 17, 2015 

Page 17 

J. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes 

H2o Optimizer requests an exemption from the minimum safe altitude requirements of 14 C.F.R. 

§ 91.119(c).15 Section 91.119 prescribes the minimum safe altitudes under which aircraft may 

not operate, including 500 feet above the surface and away from any person, vessel, vehicle, or 

structure in non-congested areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a 

helicopter to operate at less than those minimum altitudes when it can be operated "without 

hazard to persons or property on the surface," provided that "each person operating the helicopter 

complies with any routes or altitudes specifically prescribed for helicopters by the FAA."

An exemption is required because the proposed GP-UAS operation will normally need to occur 

below 400 feet AGL. In circumstances where the GP-UAS is used to inspect a structure whose 

height exceeds 400 feet AGL, the GP-UAS will not be operated more than 100 feet above the 

highest point on the structure, and within 50 feet horizontally of the structure. Additionally, due 

the nature of the proposed operations, the Pilot and/or Observers(s) may need to be less than 500 

feet away from the GP-UAS. 

Equivalent Level of Safety 

Compared to flight operations with rotorcraft weighing far more than the maximum weights 

proposed herein, and given the lack of flammable fuel with the above noted UASs, any risk 

associated with these operations is far less than those which presently exist with conventional 

aircraft. An equivalent level of safety will be achieved given the size, weight, and speed of the 

GP-UAS, as well as the controlled location where the operations will occur. In order to avoid any 

risk to manned aircraft, flight operations will be restricted to 400 feet AGL or below, or when 

inspecting a U.S. structure whose height exceeds 400 feet AGL, within 100 feet above the 

highest point on that structure and 50 feet horizontally of the structure. 

As set forth in the Operations Manuals, the GP-UAS will be operated in a restricted area, and all 

flights will be operated at a lateral distance of at least 500 feet from any nonparticipating 

persons, unless that person is in a position where he or she is shielded from the GP-UAS and any 

possible debris resulting from its failure. As required by the Operations Manuals, flights will be 

terminated if a nonparticipating person within 500 feet of the GP-UAS leaves a shielded 

position. Further, its operations will occur at least 500 feet away from vehicles or structures 

unless the property owner/controller timely has granted permission and the PIC has made a 

safety assessment of the risk of operating closer to those objects and, operations near the PIC or 

Observer will not present an undue hazard per § 91.119(a). Adherence to these restrictions in 

H2o Optimizer’s Operations Manuals will ensure operations can be conducted without 

compromising public safety.16

 

15 Relief from § 91.119(a) will not be necessary because Petitioner will be able to perform an emergency landing 

without undue hazard to persons or property on the ground in the event of a failure. Petitioner's proposed UAS 

operations will not occur over congested areas, and therefore an exemption from § 91.119(b) will not be necessary. 

See e.g., Grant of Exemption No. 11157 to Slugwear, Inc., dba Like on a tree Aerial (FAA-2014-0534 at 15). 

16 See e.g., Grant of Exemption No. 11138 to Douglas Trudeau (FAA-2014-0481 at 19): "If barriers or structures 

are present that can sufficiently protect nonparticipating persons from the UA or debris in the event of an accident, 
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November 17, 2015 

Page 18 

K. 14 C.F.R. § 91.121: Altimeter Settings 

H2o Optimizer seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating 

an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to 

the elevation of the departure airport or barometric pressure. An exemption is required to the 

extent that the UASs do not have a barometric altimeter, but rather a GPS altitude read out. 

Equivalent Level of Safety 

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. §91.121 

can be achieved in circumstances where: (1) the UASs will be operated at 400 feet AGL or 

below17, (2) within VLOS, (3) where GPS based altitude information is relayed in real time to the 

operator at a ground-based on-screen display and, (4) where prior to each flight, a zero altitude 

initiation point is established for the PIC to confirm accuracy of the onboard GPS.18

The GP-UAS that H2o Optimizer intends to use for the proposed operations will meet all these 

operational characteristics. Moreover, as required by H2o Optimizer’s Operations Manuals, the 

PIC will be required to calibrate the aircraft's GPS compass prior to each flight operation. Like 

prior FAA Section 333 Grants of Exemption, the GP-UAS H2o Optimizer intends to use, and the 

safety mitigation procedures contained in the Operations Manuals, both ensure that an equivalent 

level of safety or greater level will be achieved, and a Grant of Exemption to the requirements of 

§ 191.121 is therefore appropriate.

L. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

H2o Optimizer requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight 

in VFR conditions. Section 91.151 states: 

(a) No person may begin a flight in an airplane under VFR conditions unless (considering 

wind and forecast weather conditions) there is enough fuel to fly to the first point of 

intended landing and, assuming normal cruising speed – 

(1) During the day, to fly after that for at least 30 minutes; or 

 

then the UA may operate closer than 500 feet to persons afforded such protection. The operator must also ensure 

that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave 

such protection and are within 500 feet of the UA, flight operations must cease immediately. When considering how 

to immediately cease operations, the primary concern is the safety of those nonparticipating persons. In addition, the 

FAA finds that operations may be conducted closer than 500 feet to vessels, vehicles and structures when the 

owner/controller of any such vessels, vehicles or structures grants permission for the operation and the PIC makes a 

safety assessment of the risk of operating closer to those objects and determines that it does not present an undue 

hazard." 

17 If the height of the structure being inspected exceeds 400 feet AGL, the UAS will not be operated more than 100 

feet above the highest point on the structure. 

18 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA-2014-0352 at 21).
U.S Department of Transportation 

November 17, 2015 

Page 19 

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

Here, the technological limitations on UAS battery power means that no meaningful flight 

operations can be conducted while still maintaining a 30-minute battery reserve. An exemption 

from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required. Moreover, it is not 

H2o Optimizer’s intention to fly the GP-UAS at night. 

Equivalent Level of Safety 

In the Grant of Exemption to VDOS (Exemption No. 11112), the FAA determined that an 

equivalent level of safety to the fuel requirements for flight in VFR conditions could be achieved 

by prohibiting the PIC from beginning a GP-UAS flight unless (considering wind and forecast 

weather conditions) there was enough power to fly to the first intended point of landing and, 

assuming normal cruising speed, to fly after that for at least 10 minutes. In reaching this 

conclusion, the FAA considered that the UAS batteries for the GP-UAS provide approximately 

50 minutes of powered flight (with payload) and provided battery level and battery time 

remaining in minutes and seconds to the PIC.19 The FAA also considered the fact the GP-UAS 

operating manual states: “start every flight with a fully charged battery in the aerial vehicle”, and 

that in the event that the GP-UAS should run low on power, the PIC will be alerted and can 

safely land the- GP-UAS as soon as possible. Like the VDOS Grant of Exemption, H2o 

Optimizer’s use of the GP-UAS, combined with the requirements of Petitioner's Operations 

Manuals, ensure that an equivalent level of safety can be achieved and in fact exceeded. 

Similarly, in the Grant of Exemption to Alan Purwin (Exemption No. 11161), the FAA 

determined that an equivalent level of safety to the fuel requirements for flight in VFR conditions 

could be achieved by prohibiting the PIC from beginning a flight with the UA unless 

(considering wind and forecast weather conditions), there was enough power to safely fly at 

normal cruising speed to the intended landing point and land the UA with 25% battery power 

remaining. H2o Optimizer will adhere to this limitation for its GP-UAS flights. 

The GP-UAS includes a low battery warning system and the amount of battery reserve power 

remaining is continuously transmitted to the PIC via telemetric data feed, which downlinks from 

the GP-UAS to a ground-based-on-screen display.20 As required by H2o Optimizer’s Operations 

Manuals, the PIC will promptly fly the GP-UAS back to the home launch location or predetermined abort location where it may safely land, while still maintaining a minimum of 25% 

reserve battery power. H2o Optimizer submits that the procedures requiring flights to be safely 

terminated once the batteries fall below 25% capacity, combined with the requirement that flights 

only be conducted within a secure, isolated area, using a UAS weighing less than 55 pounds, and 

within VLOS of the PIC and Observer(s), ensure that the proposed operation will provide an 

equivalent or higher level of safety to the public to that provided by the regulations from which 

exemption is sought.

 

19. Grant of Exemption No. 11112 to VDOS Global, LLC (FAA-2014-0382 at 10). 

20. The GP-UAS ground control station displays, the UASs position, navigation route, tail number, altitude, 

heading, north seeking arrow, range to targets, calculated target position, date/time, and sensor heading and 

orientation relative to the UAS.
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November 17, 2015 

Page 20 

VI. DRUG AND ALCOHOL PROGRAM

H2o Optimizer will have policies in place to ensure that no person may participate in GP-UAS 

flight operations if they are under the influence of alcohol or any drug. 

VII. PUBLIC INTEREST

The public interest will be served by granting H2o Optimizer’s Petition for Exemption. Congress 

has established a national policy that favors early integration of UAS into the NAS in controlled, 

safe working environments such as those proposed in this Petition. Granting this Petition for 

Exemption helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform 

Act—the FAA Administrator's assessment of whether certain UAS may operate safely in the 

NAS before completion of the statutorily required rulemaking. 

The proposed GP-UAS operations in this Petition for Exemption significantly improves the 

safety and reduces risk of harm, physical injury and property damage to the public at large, the 

property owners from whom permission was granted for use by Petitioner and abutting 

properties, staff of Petitioner, unsuspecting passersby, inspecting engineers from relevant 

organizations and all those who may be in the local vicinity. Traditional methods of providing 

surveillance and mapping services location personnel to climb towers, trees, venture onto 

precarious roofs and other dangerous scenarios, perform elevated work for which the individual 

is neither trained nor equipped to perform, which exposes them to unnecessary risk of serious 

physical injury from dangerous falls or other physical mishaps. Moreover, inspectors/surveyors 

are often unnecessarily exposed to hazardous conditions, unsafe environments, culturally tense 

situations and other hazards associated with identifying specific locations for potential recording 

sites to be used in the end product. The use of small UAS can eliminate these hazards and 

ultimately create a much safer method of performing these types of inspections creating a safer 

environment for the public as well as H2o Optimizer employees. 

The use of small UAS also enhances safety and reduces risk to the surrounding public because, 

unlike manned aircraft weighing thousands of pounds, carrying crew in addition to flammable 

fuel, the UAS carry no passengers, crew or explosive fuel. Furthermore, in the unlikely event of 

an accident, H2o Optimizer’s small battery powered GP-UAS presents significantly less 

danger to persons on the ground when compared to operations by conventional manned aircraft.21

As Petitioner's GP-UAS are battery powered, the public will also benefit from a reduction in 

harmful petroleum based emissions associated with conventional aircraft performing in the same 

 

21See Grant of Exemption No. 11158 to Team 5, LLC (FAA-2014-0783 at 12): "Manned helicopters conducting 

aerial filming can weigh 6,000 pounds or more and are operated by an onboard pilot, in addition to other onboard 

crewmembers, as necessary. The petitioner’s UAs will weigh less than 55 pounds with no onboard pilot or crew. 

The pilot and crew will be remotely located from the aircraft. The limited weight significantly reduces the potential 

for harm to participating and nonparticipating individuals or property in the event of an incident or accident. Risk 

to an onboard pilot and crew during an incident or accident is eliminated with the use of a UA for the aerial filming 

operation." 
U.S Department of Transportation 

November 17, 2015 

Page 21 

functions proposed herein. Air quality will naturally be improved with the reduction of fuel 

powered vehicles. 

Lastly, as recognized by the FAA in prior Section 333 Grants of Exemption to filmmakers, UAS 

provide an additional economic tool for the aerial filming notwithstanding the industry, adding a 

greater degree of flexibility, which supplements the current capabilities offered by manned 

aircraft.22 The quality of the finished product is enhanced and provides a greater finished product 

demand which will aid the current UAS industry and provide additional jobs as the cost of 

providing the needed product is greatly reduced while reducing the difficulty with which the 

finished product is created. The demand for the current industrial product is increasing and will 

continue to increase given the enhanced flexibility of production; therefore, given the lower cost, 

owner/operators and others in the relevant industry will be more inclined to utilize the services of 

commercial UAS along with an appropriate licensed PIC’s. 

VIII. PRIVACY

All GP-UAS operations will be conducted in accordance with applicable federal, state, and local 

laws regarding privacy. All operations shall be conducted over private or controlled-access 

property with permission from the land owner/controller or authorized representative. Permission 

from land owner/controller or authorized representative will be obtained for each flight to be 

conducted. 

IX. FEDERAL REGISTER SUMMARY

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the 

FEDERAL REGISTER, should it be determined that publication is needed: Petitioner seeks an 

exemption from the following rules in Title 14 of the Code of Federal Regulations: 

Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 61.113; 91.7(a); 91.9(b)(2); 91.9(c); 

91.103; 91.109(a); 91.119(c); 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(1); 

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

The exemption will enhance safety by reducing risk to the aircraft crew, production crew, general 

public, property owners and city structures from the substantial hazards associated with 

performing equivalent film work and aerial video production with conventional fixed-wing 

aircraft, rotorcraft, or other methods. 

X. CONCLUSION

H2o Optimizer’s Petition for Exemption satisfies the criteria articulated in Section 333 of the 

Reform Act of 2012 which includes weight; speed; operating capabilities; proximity to airports 

and populated areas; operation within VLOS and national security. The proposed GP-UAS 

operations will benefit the public as a whole by improving safety and reducing risk by alleviating 

human exposure to danger while lowering the attendant related costs thereby increasing the 

 

22See e.g., Grant of Exemption No. 11178 to Picture Factory, Inc. (FAA-2014-0794 at 18).
U.S Department of Transportation 

November 17, 2015 

Page 22 

demand for the finished product. In consideration of the foregoing, this Petition for Exemption 

provides the FAA with more than adequate justification for granting the requested exemptions 

allowing H2o Optimizer to use small GP-UAS in the recorded production of its product. 

We thank you for your prompt consideration of our requested exemptions. 

Respectfully Submitted, 

Brian Bassett 

H2o Optimizer 

438 E Shaw Ave Suite 135 

Fresno CA 93710 

Phone: 559.478-8162 

Email: bb@h2o-optimizer.com 

(The following attached items contain proprietary and commercial information exempt from 

disclosure under the Freedom of Information Act, 5 U.S.C. § 522 et seq., and should be held in a 

separate file pursuant to 14 C.F.R. § 11.35(b)). 

Attachments: 

1. General Operations Manual 

2. PIC Operating Manual 

3. Company Protocols (in Operating manual) 

4. Location Protocols (in Operating manual)

5. Flight Communications Protocols (in Operating manual) 

6. Transmitter Protocols (in UAS manufacture manual) 

7. Preflight Checklist (in Operating manual) 

8. Equipment Checklist 

9. UAS Manufacturer’s Manuals