Nicholas Plumer, LSIT 

Leighton & Associates, Inc. 

Land Surveyors 

Nick@leightonlandsurveyors.com 

1037 Wiscasset road 

Boothbay, ME. 04537 

January 3, 2016 

U.S. Department of Transportation 

Docket Management System 1200 

New Jersey Ave., SE Washington DC 20590 

Re: Exemption request pursuant to Section 333 of the FAA Reform Act and Part 11 of 

the Federal Aviation Regulations 

To Whom It May Concern: 

Pursuant to section 333 of the FAA Modernization and Reform act of 2012 and 14 CFR 

Part 11, Nicholas Plumer, LSIT of Leighton and Associates, Inc. (Land Surveyors) 

hereby seeks exemption from the following FAA regulations to provide safer Aerial 

Surveying services to the mid coast of Maine by utilizing small Unmanned Aerial 

Systems (sUAS): 

14 CFR Part 21 sub part H 

14 CFR 45.23 (b) 

14 CFR 61.113 (a) 

14 CFR 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 CFR 91.103 

14 CFR 91.109 

14 CFR 91.119 (c) 

14 CFR 91.121 

14 CFR 91.151 (a) 

14 CFR 91.203 (a) & (b) 

14 CFR 91.405 (a) 

14 CFR 91.407 (a) (1) 

14 CFR 91.409 (a) (2) 

14 CFR 91.417 (a) & (b) 

I intend to safely operate a sUAS in the airspace below 400 feet and 5 miles away from 

airports and away from bystanders to provide Aerial Mapping services to supplement our 

ground mapping services. If exemption status were granted I would use the sUAS to map 

shoreland parcels to provide more detailed surveys than currently possible (without aerial 

photogrammetry). This type of survey could be accomplished with a manned aircraft 
system though this is more costly and more dangerous than the unmanned option would 

be. The public would benefit from this service by having a more affordable and safer 

option than having manned, large scale, photogrammetry surveys performed. 

I intend to only operate: 

1. sUAS (aircraft weighing less than 55 lbs) 

2. the sUAS within line of sight of the Pilot In Command (PIC) or the Visual 

Observer (VO) 

3. the sUAS with flight times correlating to less than 75% of battery usage 

4. the sUAS below 400 feet Above Ground Level (AGL)

5. the sUAS with minimum crew of PIC and VO 

6. the sUAS with autopilot capabilities to automatically engage when 

communication is lost to return sUAS to land at pre-designated location. 

7. the sUAS, away from non-consenting persons or crowds to which any system 

failure could cause harm. 

8. the sUAS pursuant to all other current FAA regulations 

Pursuant to, Sec333 SPECIAL RULES FOR CERTAIN UNMANNED AIRCRAFT 

SYSTEMS - (b) “(1) which types of unmanned aircraft systems, if any, as a result of their 

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

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

airspace system or the public or pose a threat to national security” the following 

exceptions are requested as explained below: 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the 

issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and 

limited operating area associated with the aircraft to be utilized by the Applicant, an exemption 

from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 

of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an 

airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and 

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

these criteria demonstrates that the small UAS operated without an airworthiness certificate, in 

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

a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate 

without the restrictions and conditions proposed. The small UAS to be operated hereunder is less 

than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or 

flammable liquid fuels, and operates exclusively within a secured and designated area. Unlike 

other civil aircraft, operations under this exemption will be tightly controlled and monitored by 

both the operator and under the requirements and in compliance with local public safety 

requirements. These safety enhancements provide a greater degree of safety to the public and 

property owners than conventional operations conducted with airworthiness certificates issued 

under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that 

there is no credible threat to national security posed by the small UAS, due to its size, speed of 

operation, location of operation, lack of explosive materials or flammable liquid fuels, and 

inability to carry a substantial external load. 

14 C.F.R. § 45.23 (b). Marking of the Aircraft 
The regulation requires: 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. Even though the small UAS will have no airworthiness certificate, an 

exemption may be needed as the small UAS will have no entrance to the cabin, cockpit or pilot 

station on which the word “Experimental” can be placed. Given the size of the small UAS, twoinch lettering will be impossible. The word “Experimental” will be placed on the fuselage in 

compliance with §45.29 (f). The equivalent level of safety will be provided by having the small 

UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others 

working with the small UAS will see the identification of the small UAS as “Experimental.” 

14 C.F.R. § 61.113(a): Private Pilot Privileges and Limitations: Pilot in Command. 

Pursuant to 14 CFR 61.113 (a), no person who holds a private pilot certificate may act as a pilot 

in command of an aircraft that is carrying passengers or property for compensation or hire. Our 

small UAS do not carry any pilots or passengers nor property therefore I am seeking an 

exemption to 14 CFR 61.113(a). Although helpful, a pilot’s license will not ensure remote control 

piloting skills. The risks attendant to the operation of small UAS is far less than the risk levels 

inherent in the commercial activities outlined in 14 CFR 61. I feel the operation and limitations 

set forth in the FOM will equate to the safe operation of the small UAS. 

The safe operation and control of the UAS as described in this application does not depend on the 

type of FAA license held by the PIC. That knowledge can be and is gained primarily through 

practice and experience and not through flight training in fixed wing or rotor aircraft, nor is it 

dependent on the acquisition of a commercial or private pilot’s certificate. Those certificates 

demonstrate knowledge of the factors and skills needed for the safe operation of those types of 

aircraft (fixed wing or rotorcraft). It cannot be assumed that any type of pilot, approved to operate 

a helicopter or fixed wing aircraft, has the skill or ability to safely operate a small unmanned 

aerial vehicle, operating at 400 AGL or lower, within strictly controlled pre-approved airspace. 

From a practical standpoint, there are relatively few licensed full-scale aircraft pilots who are also

qualified to fly the type of UAS that are utilized for infrastructure image- capture operations. 

There are even fewer pilots that can fly these UAS – to the point that to do both is considered rare 

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

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

condition. As there will be no airworthiness certificate issued for the aircraft, should this 

exemption be granted, no FAA regulatory standard will exist for determining airworthiness. 

Given the size of the aircraft for maintenance and use of safety checklists prior to each flight an 

equivalent level of safety will be provided. 

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

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) For 

which an Airplane or Rotorcraft Flight Manual is not 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. The small UAS, given its 

size and configuration has no ability or place to carry such a flight manual on the aircraft, not 

only because there is no pilot on board, but because there is no room or capacity to carry such an 

item on the aircraft. The equivalent level of safety will be maintained by keeping the flight 

manual at the ground control point where the pilot flying the small UAS will have immediate 

access to it. 
14 C.F.R. § 91.103: Preflight Action. 

This regulation requires each pilot in command to take certain actions before flight to insure the 

safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft 

an exemption will be needed. The OPERATOR will take all actions including reviewing weather, 

flight battery requirements, landing and takeoff distances and aircraft performance data before 

initiation of flight. 

14 C.F.R. §91.109: Flight Instruction. 

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

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual 

controls. Small UAS and remotely piloted aircraft, by their design do not have fully functional 

dual controls. Flight control is accomplished through the use of a control box that communicates 

with the aircraft via radio communications. The FAA has approved exemptions for flight training 

without fully functional dual controls for a number of aircraft and for flight instruction in 

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

passengers will be carried in the aircraft and by the size and speed of the aircraft. 

14 C.F.R. §91.119: Minimum Safe Altitudes. 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating 

the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this 

exemption is for a small UAS that is a helicopter and the exemption requests authority to operate 

at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming 

is planned, an exemption may be needed to allow such operations. As set forth herein, the small 

UAS will never operate at higher than 400 AGL with the exception that in circumstances where 

the small UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, 

the small UAS will not be operated more than 100' above the highest point on the structure. It will 

however be operated in a restricted area with security perimeter, where buildings and people will 

not be exposed to operations without their pre-obtained consent. The equivalent level of safety 

will be achieved given the size, weight, speed of the small UAS as well as the location where it is 

operated. No flight will be taken without the permission of the property owner or local officials. 

Because of the advance notice to the property owner and participants in the filming activity, all 

affected individuals will be aware of the planned flight operations. Compared to flight operations 

with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed herein and the 

lack of flammable fuel, any risk associated with these operations is far less than those presently 

presented with conventional aircraft operating at or below 500 AGL. In addition, the low-altitude 

operations of the small UAS will ensure separation between these small- UAS operations and the 

operations of conventional aircraft that must comply with Section 91.119. 

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

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

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

altimeter setting available before departure.” As the small UAS may not have a barometric 

altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level 

of safety will be achieved by the operator, pursuant to the safety check list and live flight data 

monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before 

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

Section 91.151 (a) prohibits an individual from beginning “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 (2) At night, to fly after that for at least 45 minutes.” The 

battery powering the small UAS provides approximately 30 minutes of powered flight. To meet 

the 30 minute reserve requirement in 14 CFR §91.151, small UAS flights would be limited to 

approximately 10 minutes in length. Given the limitations on the small UAS’s proposed flight 

area and the location of its proposed operations within a predetermined area, a longer time frame 

for flight in daylight or twilight VFR conditions is reasonable. Applicant believes that an 

exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the 

small UAS, in a tightly controlled area where only people and property owners or official 

representatives who have signed waivers will be allowed, with less than 30 minutes of reserve 

fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the 

size and speed of the small UAS. Additionally, limiting small UAS flights to 10 minutes would 

greatly reduce the utility for which the exemption will be granted. Applicant believes that an 

equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of battery 

power— whichever happens first. This restriction would be more than adequate to return the 

small UAS to its planned landing zone from anywhere in its limited operating area. 

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

The regulation provides in pertinent part: 

(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. 

The small UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard 

pilot. As such, there is no ability or place to carry certification and registration documents or to 

display them on the small UAS. 

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

point where the pilot flying the small UAS will have immediate access to them; to the extent they 

are applicable to the small UAS. 

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. 

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this 

chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43. Given that 

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

will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the 

flight manual and operating handbook. An equivalent level of safety will be achieved because 

these small UASs are very limited in size and will carry a small payload and operate only in 

restricted areas for limited periods of time. If mechanical issues arise the small UAS can land 

immediately and will be operating from no higher than 400 feet AGL. The operator will ensure 

that the small UAS is in working order prior to initiating flight, perform required maintenance, 

and keep a log of any maintenance performed. Moreover, the operator is the person most familiar 

with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the 

equivalent level of safety. 

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

performed in accordance with the small UAS Manufacturer's Manual, as referenced in the 
Aircraft Operations Manual (AOM). As provided in the FOM, the operator will ensure that the 

small UAS is in working order prior to initiating flight and perform required maintenance needed. 

My sUAS is a 3dRobotics Solo utilizing the latest technology in autopilot safety. This coupled 

with strictly following the FAA’s existing and non-exempted regulations will yield a safe 

environment for my operation of a sUAS as an aerial surveyor in the National Airspace System. 

Thank you for your consideration, 

Sincerely, 

Nicholas Plumer, LSIT