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September 28, 2015

Docket Operations

M-30, U.S. Department of Transportation (DOT)

1200 New Jersey Avenue, SE., Room W12-140

West Building Ground Floor

Washington, DC 20590-0001

Eagle Training Solutions, LLC

dba “Beeline Drones”

1111 Highland Hills Drive

Marble Falls, Texas 78654

Attn: Patrick Shaub

Subject: Request for Exemption Under FAA Modernization and Reform Act of 2012,

Section 333, “Special Rules for Certain Unmanned Aircraft Systems.”

To whom it may concern:

Eagle Training Solutions, LLC, doing business as “Beeline Drones,” (the company)

proposes to operate Unmanned Aircraft Systems (UAS) safely and routinely within the

United States National Airspace System (NAS) in the normal conduct of its business.

Because of the nature of our aircraft and the conduct of our business, the company

requests an exemption for its business operations under FAA Modernization and

Reform Act of 2012, Section 333, Special Rules for Certain Unmanned Aircraft

Systems. Eagle Training Solutions, LLC., is a Texas Limited Liability Corporation focused on

providing aviation related services. UAS operations of the company will be conducted

within the United States as “Beeline Drones.” The company headquarters is located at

1111 Highland Hills Drive, Marble Falls, Texas 78654. All contact and correspondence

regarding this application should be sent to the attention of the company principal, Patrick Shaub at the above address, by telephone at 512-755-0615 or by email at

patrickshaub@aol.com. Sincerely,

Patrick R. Shaub

Patrick R. Shaub

Principal

Eagle Training Solutions, LLC
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Request for Exemption under FAA Modernization and Reform Act of 2012,

Section 333, “Special Rules for Certain Unmanned Aircraft Systems.”

Eagle Training Solutions, LLC, doing business as “Beeline Drones,” (the company)

intends to safely conduct business with Small Unmanned Aircraft (sUA) –Unmanned

Aircraft Systems weighing less than 55 pounds. The company seeks the exemption

because some of the rules applicable to manned aircraft and even larger UAS cannot

be practically applied in our case. Per guidance provided in 14 CFR § 81 the company

requests relief by exemption from the requirements of the following regulations:  PART 21 – “Certification and airworthiness requirements for aircraft and parts,”

Subpart 21.H – “Certificates of airworthiness (except provisional certificates of

airworthiness) and special flight permits”  Part 61 Certification: Pilots, Flight Instructors, and Ground Instructors

 Part 91 General Operating and Flight Rules

o 91.103(b)(2) Preflight action

o 91.105 Flight crewmembers at stations

o 91.109 Flight instruction

o 91.119 Minimum safe altitudes

o 91.121 Altimeter settings

o 91.151 Fuel requirements for flights in VFR conditions

o 91.405 Maintenance required

o 91.407 Operation after maintenance

o 91.409 Inspections

o 91.417 Maintenance records

Summary for the Federal Register (if posting is required)

Eagle Training Solutions, LLC, doing business as “Beeline Drones,” (the company)

proposes to operate Unmanned Aircraft Systems (UAS) safely and routinely within the

United States National Airspace System (NAS) in the normal conduct of its business.

Because of the nature of our aircraft and the conduct of our business, the company

requests an exemption for its business operations from certain rules contained in 14

CFR, Federal Aviation Regulations under Section 333 of Public Law 112-95, “Special

Rules for Certain Unmanned Aircraft Systems.” PART 21 – “Certification and airworthiness requirements for aircraft and parts,”

Subpart 21.H – “Certificates of airworthiness (except provisional certificates of

airworthiness) and special flight permits.” Reason for the request - All the regulations under Part 21, Subpart H deal with

airworthiness certificates for aircraft other than Small Unmanned Aircraft (sUA). Currently sUA are

not manufactured like manned aircraft under 14 CFR regulations. Consequently our sUA do not

utilize FAA airworthiness standards or FAA Airworthiness Certificates.
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Extent of relief - The company requests relief from the rules of Subpart H because they are

not applicable to Small Unmanned Aircraft (sUA). There are currently no FAA standards of

airworthiness for sUA. Specifically, §21.175 taken from Part H entitled “Certificates of airworthiness:

classification,” summarizes our request for relief from this part (Part 21, Subpart H). The regulation

lists aircraft eligible for special and standard certificates of airworthiness. These are: primary,

intermediate or restricted categories, limited category, and amateur-built, light sport, experimental

and standard categories of aircraft. The standard certificate of airworthiness is issued for normal,

utility, aerobatic, commuter or transport category, manned free balloon or a special class of aircraft.

sUA are not included in any of these airworthiness categories listed in Part 21, Subpart H.

Equal level of safety – An airworthiness certificate is an administrative requirement for

manned aircraft constructed under the regulations of 14 CFR. Although it is required to be aboard a

manned aircraft it does not necessarily prove an aircraft is both safe and airworthy. Rather, proper

maintenance, safe and careful operation as well as documentation that the FAA can track to check

the aircraft and its operation is required for an aircraft to assure airworthiness with sUA.

The company intends to properly maintain their sUA within manufacturer’s standards of

maintenance and operational safety. Likewise the company will carefully operate its aircraft within

FAA standards in order to insure the safety of people and property we overfly. Operating safely will

also help us preserve the company’s assets. In lieu of an airworthiness certificate the FAA already

provides a means to sufficiently monitor sUA in general, and our sUA in particular. The existing FAA

requirement to register “Unmanned Aircraft (UA) operated for non-hobby or non-recreational

purposes” allows the FAA to track and monitor sUA operations.

The company will work in concert with the FAA Aircraft Registration Branch and the local

FAA Flight Standards District Office (FSDO) in order to register our aircraft. In lieu of complying with

the rules of Part 21, subpart H, registration of our aircraft should provide the FAA a means to monitor

and ensure that our sUA operations are safe and legal. Public benefit – Thousands of sUA without airworthiness certificates are presently operating safely

within the National Airspace System (NAS). Increasing numbers of sUA in increasing numbers of

makes and models are being manufactured and sold each year. Issuing airworthiness certificates to

the existing fleet alone would burden the public with the need to fund the manpower and resources

for doing so with no effect on the current levels of safety with which they currently operate in the

NAS. Summary: The company seeks relief from the rules associated with Part 21, Subpart H requiring

airworthiness certificates for its Small Unmanned Aircraft (sUA). No regulation (including Part 21)

currently exists which requires sUA to possess an airworthiness certificate. A requirement to issue

airworthiness certificates for sUA would unduly burden the FAA with its implementation and general

public with the costs of manpower and resources to issue a certificate for every sUA in commercial

operation in the National Airspace System (NAS). The company maintains that the FAA’s

requirement to register sUA operated for non-hobby or non-recreational purposes already allows the

FAA to monitor their safe use and proper maintenance as effectively as issuing an airworthiness

certificate. Part 61 Certification: Pilots, Flight Instructors, and Ground Instructors

Reason for the request – The rules of 14 CFR Part 61 are not applicable to Small Unmanned

Aircraft (sUA) because there is no cockpit and consequently no pilot in sUA. Neither is there a need

for pilots, flight instructors or ground instructors in the sUA community to comply with the

requirements of manned aircraft under 14 CFR Part 61.
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Extent of relief – The company requests relief from the rules of Part 61 as they apply to pilots,

instructors and ground instructors since they apply to manned aircraft.

Equal level of safety – Although pilots and instructors as described in Part 61 are not necessary in

sUA, our company pilots, instructors and their training will parallel applicable parts of Part 61. Pilot

training, instructor requirements and training syllabi are addressed later in this document. But

company instructors and pilots will be trained on sUA to the same level of competency and focus on

safe operations required of Part 61 pilots and instructors. Consequently, the level of safety in sUA

operation will mirror that already provided for through traditional Part 61 flight training. Our pilots and

instructors will use the same methodology and much of the same training material used at flight

schools for manned aircraft. Company training syllabi, training facilities, training aids, check flights

and testing will also mirror Part 61 manned aircraft training requirements. Public benefit – The United States NAS is the safest in the world in part because of the standards

set in training its pilots and instructors. The company intends to model the training of its instructors

and pilots by using the same system that trains safe pilots in the US manned aircraft industry. Doing

this will provide the general public with the benefit of the same level of safety in our sUA operation

that the FAA currently maintains in manned aircraft operations. No further burden will fall on the FAA

to require and monitor training that differs substantially with existing Part 61 training the agency

currently monitors.

Summary: The company, which operates Small Unmanned Aircraft (sUA) seeks relief from the rules

of 14 CFR Part 61 entitled “Certification: Pilots, flight instructors, and ground instructors.” The

company maintains that because sUA are unmanned the rules of Part 61 do not apply to the

company. Still, as applicable to sUA, the company intends to use the same standards and

methodologies for its pilots and instructors as currently used to train manned aircraft pilots and

instructors under Part 61. Since the training for the company pilots and instructors will mirror

manned aircraft training where applicable, the same level of safety and public good will be derived

from its operation as is currently enjoyed within the United States National Airspace System (NAS).

Part 91 General Operating and Flight Rules

91.103 Preflight action, (b)(2): “For civil aircraft other than those specified in paragraph (b)(1)

of this section, other reliable information appropriate to the aircraft, relating to aircraft

performance under expected values of airport elevation and runway slope, aircraft gross weight,

and wind and temperature.” Reason for the request – The information required to comply with the rule is not available for sUA

in general, and the sUA the company will operate specifically. The manufacturers of sUA are not

required to meet the airworthiness standards specified in 14 CFR. Consequently, their performance

is not tested or derived by 14 CFR standards nor mapped on charts or placards common to manned

aircraft used in the US NAS.

Extent of relief - The company requests relief from the rules of Part 91.103(b)(2) relating to aircraft

performance planning for their operation of sUA. Equal level of safety – Operating procedures of the company include the same requirement as this

rule e.g., for the pilot to insure the aircraft can be operated safely within the manufacturer’s operating

restrictions and recommendations as well as all applicable Federal Aviation Regulations. Further,

company operating procedures require that the pilot conduct performance checks (such as hover in

and out of ground effect checks), careful flight planning and a detailed safety survey prior to

conducting any flight.
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Public benefit – Relieving the company of complying with rules not applicable to them allows the

FAA to spend their assets and efforts ensuring that sUA operations use operating procedures and

safety standards applicable to sUA. The public benefits by being able to utilize drones while still

having the FAA oversight of their safe operation.

Summary: The company seeks relief from the rules of Part 91.103(b)(2) relating to aircraft

performance planning. The company notes that Small Unmanned Aircraft (sUA) are not

manufactured under 14 CFR airworthiness standards. Consequently, performance charts and

graphs typically used in manned aircraft are not available to plan a flight according to the guidance

of the subject regulation. Company operating procedures require the pilots’ compliance with

manufacturers’ restrictions, careful flight planning and that they conduct performance checks prior to

conducting any flight.

91.105 Flight crewmembers at stations-

(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—

(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.

Reason for the request – This regulation is only pertinent to manned aircraft as sUA have neither

onboard crew members, nor seats and seatbelts.

Extent of relief – The company requests relief from the rules associated with crewmembers at their

flight stations.

Equal level of safety – The safety concerns addressed by this regulation are only applicable to

manned aircraft, not sUA. The level of safety assured by this regulation is unaffected by the

company’s relief from its rules.

Public benefit – Without relief from this regulation the company and the public in general will not be

able to use UAS operated for non-hobby or non-recreational purposes” Otherwise there is no benefit

or loss to the public by relieving the company of compliance with the rules of this regulation.

Summary: The company seeks relief from the rules of 14 CFR part 91.105: “Flight crewmembers at

stations” as Small Unmanned Aircraft operated by the company do not have crewmembers onboard,

seats or seatbelts.

91.109 Flight instruction; Simulated instrument flight and certain flight tests.

(a) 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. However, instrument flight instruction

may be given in an airplane that is equipped with a single, functioning throwover control wheel that

controls the elevator and ailerons, in place of fixed, dual controls, when—
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(1) The instructor has determined that the flight can be conducted safely; and

(2) The person manipulating the controls has at least a private pilot certificate with appropriate

category and class ratings.

(b) An airplane equipped with a single, functioning throwover control wheel that controls the elevator and

ailerons, in place of fixed, dual controls may be used for flight instruction to conduct a flight review

required by §61.56 of this chapter, or to obtain recent flight experience or an instrument proficiency check

required by §61.57 when—

(1) The airplane is equipped with operable rudder pedals at both pilot stations;

(2) The pilot manipulating the controls is qualified to serve and serves as pilot in command during

the entire flight;

(3) The instructor is current and qualified to serve as pilot in command of the airplane, meets the

requirements of §61.195(b), and has logged at least 25 hours of pilot-in-command flight time in the

make and model of airplane; and

(4) The pilot in command and the instructor have determined the flight can be conducted safely.

(c) No person may operate a civil aircraft in simulated instrument flight unless—

(1) The other control seat is occupied by a safety pilot who possesses at least a private pilot

certificate with category and class ratings appropriate to the aircraft being flown.

(2) The safety pilot has adequate vision forward and to each side of the aircraft, or a competent

observer in the aircraft adequately supplements the vision of the safety pilot; and

(3) Except in the case of lighter-than-air aircraft, that aircraft is equipped with fully functioning

dual controls. However, simulated instrument flight may be conducted in a single-engine airplane,

equipped with a single, functioning, throwover control wheel, in place of fixed, dual controls of the

elevator and ailerons, when—

(i) The safety pilot has determined that the flight can be conducted safely; and

(ii) The person manipulating the controls has at least a private pilot certificate with

appropriate category and class ratings.

(d) No person may operate a civil aircraft that is being used for a flight test for an airline transport pilot

certificate or a class or type rating on that certificate, or for a part 121 proficiency flight test, unless the

pilot seated at the controls, other than the pilot being checked, is fully qualified to act as pilot in command

of the aircraft.

Reason for the request – This regulation is only pertinent for manned aircraft with standard flight

controls operating with a pilot and a flight instructor, flying in either visual or instrument conditions.

Extent of relief – Because our sUA do not carry pilots or fly in instrument conditions, the company

requests relief from the rules associated with dual pilot, in-cockpit flight instruction where flight

controls are available to both pilots. The rules of this part are also not pertinent regarding instrument

flight as our sUA are not instrument flight capable and will only fly in Visual Meteorological

Conditions (VMC).

Equal level of safety – Relief from the rules associated with 14 CFR, part 91.109 will have no

bearing on the company’s safe operations because the rules are not applicable to our sUA. Public benefit – There is no benefit or loss to the public by relieving the company of compliance

with the rules of this regulation.

Summary: The company seeks relief from the rules of 14 CFR part 91.109: “Flight instruction;

Simulated instrument flight and certain flight tests.” The rules of this part do not apply to Small

Unmanned Aircraft (sUA) because the aircraft has no cockpit and cannot fly in instrument

meteorological conditions.
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91.119 Minimum safe altitudes

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

altitudes:

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue

hazard to persons or property on the surface.

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open

air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal

radius of 2,000 feet of the aircraft.

(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.

(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is

conducted without hazard to persons or property on the surface—

(1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or

(c) of this section, provided each person operating the helicopter complies with any routes

or altitudes specifically prescribed for helicopters by the FAA; and

(2) A powered parachute or weight-shift-control aircraft may be operated at less than the

minimums prescribed in paragraph (c) of this section.

Reason for the request – 14 CFR, 91.119, “Minimum Safe Altitudes” as written is only pertinent to

manned aircraft which with the exception of helicopters, powered parachutes, and weight-shift- control aircraft must operate above 500 feet above the surface. Relief from the rules as published

will allow the company to prepare a plan for operating our sUA in the safest manner in order to

mitigate risk to other aircraft, persons and property within the NAS or on the ground.

Extent of relief – The company requests relief from the rules associated with this part and requests

permission to modify operations to comply with the guidance offered in Advisory Circular 91-57A, “Model Aircraft Operating Standards,” dated September 2, 2015. Equal level of safety – The company intends to comply with the guidance of AC 91-57A, “Model

Aircraft Operating Standards” which limits Unmanned Aircraft (UA) to 400 feet above the surface.

This altitude lies below the minimum altitudes delineated by Sec. 91.119 for all but helicopters,

powered parachutes, and weight-shift-control aircraft. Per AC 91-57A, company pilots will give way

to manned aircraft and check NOTAMs to avoid operations where our sUA might cause a hazard to

them.

Public benefit – The benefit to relieving the company of the rules as published and establishment of

the company’s plan to operate their sUA will result in safer operations of our sUA above and around

the public.

Summary: The company seeks relief from the rules of 14 CFR, 91.119, “Minimum Safe Altitudes.”

The rules of this part apply to manned aircraft, not Small Unmanned Aircraft (sUA). The company

plans to comply instead with the guidance other rule as it related to low level flight and with Advisory

Circular 91-57A dated September 2, 2015. This AC limits maximum altitude of sUA to 400 feet

above the surface and suggests ways to avoid operations near people, property, noise hazard areas

and airports and otherwise operate sUA more safely. 91.121 Altimeter settings
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(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—

(i) The current reported altimeter setting of a station along the route and within 100

nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the

current reported altimeter setting of an appropriate available station; or

(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; or

(2) At or above 18,000 feet MSL, to 29.92′′ Hg.

(b) The lowest usable flight level is determined by the atmospheric pressure in the area of operation as

shown in the following table:

Current altimeter setting Lowest usable flight level

29.92 (or higher) 180

29.91 through 29.42 185

29.41 through 28.92 190

28.91 through 28.42 195

28.41 through 27.92 200

27.91 through 27.42 205

27.41 through 26.92 210

(c) To convert minimum altitude prescribed under §§91.119 and 91.177 to the minimum flight level, the

pilot shall take the flight level equivalent of the minimum altitude in feet and add the appropriate number

of feet specified below, according to the current reported altimeter setting:

Current altimeter setting Adjustment factor

29.92 (or higher) None

29.91 through 29.42 500

29.41 through 28.92 1,000

28.91 through 28.42 1,500

28.41 through 27.92 2,000

27.91 through 27.42 2,500

27.41 through 26.92 3,000

Reason for the request – This regulation is not pertinent to our sUA as there is no altimeter

onboard.

Extent of relief – The company requests relief from the rules associated with 91.121 “Altimeter

settings.” Equal level of safety – There is no requirement for sUA pilots to have an altimeter onboard or to

have an altitude function in its operation. But there is a statutory requirement for the sUA pilot to
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remain below 400 feet above the ground and to post a NOTAM before a flight. Absence of an

altimeter on our sUA will have no negative bearing on safe and legal flight operations or to remain

below the maximum altitude of 400 feet above the surface. Most company operations are expected

to take place at altitudes below 200 feet. Since the pilots of our sUA are FAA certificated pilots, operating at that low altitude an experienced pilot should be able to keep the sUA well below its

maximum altitude.

Operations above 200 feet above the surface will most likely be associated with work around tall

towers. In the event of work near tall towers, reference to aeronautical charts will allow the pilot to

note the height of the towers in comparison to the altitude of the sUA in order to maintain altitude

below 400 feet.

Public benefit – There is no benefit or loss to the public by relieving the company of compliance

with the rules of this regulation.

Summary: The company seeks relief from the rules of 14 CFR part 91.121: “Altimeter settings.” The

sUA operated by the company do not possess altimeters. Since they will not operate in the NAS

above 400 feet, except by NOTAMs posted by the company before a flight there is no need to report

their altitude to other aircraft. Altitude of the sUA will be determined by its pilot who is also an FAA

certificated pilot. Since most company operations will take place within 200 feet of the surface their

experience should allow them to keep the sUA well below 400 feet. Work at altitudes above 200 feet

will most likely be associated with tall towers. Reference to aeronautical charts will allow the pilot to

estimate altitude of the sUA in relation to tower height.

91.151 Fuel requirements for flights in VFR conditions

(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

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

(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.

Reason for the request – The rules associated with part 91.151 “Fuel requirements for flights in

VFR conditions” are not pertinent to the company’s sUA. The company sUA carry no flammable

liquids/fuel. The company cannot comply with the rule because our sUA are electrically powered with

between 20 and 30 minutes of actual battery life/operating time available. This is less than the

minimum fuel required as a reserve during a day VFR flight in a manned aircraft.

Extent of relief – The company requests relief from the rules associated “Fuel requirements for

flights in VFR conditions.”

Equal level of safety – Exemption from the rules associated with part 91.151 will have no bearing

on safe operation because the company’s sUA operate on batteries. Safety will be enhanced in our

operations because the sUA are required to remain within line of sight of the pilot and consequently

well within range of their takeoff point at all times. Because of the short duration of their battery

charge and 1 kilometer range of its radio controls, our sUA will not be engaged in cross-country

operations. The company will continue to plan for VFR flight checking weather and winds, but will not

conduct any cross-country operations. All flights will be safely terminated with a reserve battery

power of no less than 25% of their maximum charge.
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Public benefit – There is no benefit or loss to the public by relieving the company of compliance

with the rules of this regulation.

Summary: The company seeks relief from the rules of 14 CFR part 91.151: “Fuel requirements for

flights in VFR conditions” because the rules are not applicable to their sUA operations. The company

will continue to plan for VFR flight checking weather and winds, but will not conduct any cross- country operations because the short range of control and the short duration of the sUA battery

charge does not permit it. All flights will be safely terminated with a reserve battery power of no less

than 25% of their maximum charge.

91.405 Maintenance required

Each owner or operator of an aircraft—

(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;

(b) Shall ensure that maintenance personnel make appropriate entries in the aircraft maintenance

records indicating the aircraft has been approved for return to service;

(c) Shall have any inoperative instrument or item of equipment, permitted to be inoperative by

§91.213(d)(2) of this part, repaired, replaced, removed, or inspected at the next required

inspection; and

(d) When listed discrepancies include inoperative instruments or equipment, shall ensure that a

placard has been installed as required by §43.11 of this chapter.

Reason for the request – This regulation is not pertinent to sUA because they are not

manufactured in accordance with 14 CFR airworthiness standards. The company sUA do not have

any part 43 FAA required inspections. Neither do they have any flight instruments that require

inspection or placards when they fail.

Extent of relief – The company requests relief from the rules associated with 91.405 “Maintenance

required.” Equal level of safety – The manufacturer of the company’s sUA provide guidance for maintaining

them in the operator’s manual provided when purchasing the sUA. In the interest of safety of flight,

efficient operation and preservation of company assets the company sUA will be maintained to

manufacturer’s standards. The manufacturer provides a troubleshooting guide, a 24/7 hotline for

assistance in maintaining the sUA, and deep-level repair at their US facility.

Any company sUA that has undergone maintenance or alterations that affects the operation or flight

characteristics will undergo a functional test flight prior to conduct further operations under this

exemption. Functional test flights will be conducted by a pilot with a visual observer and shall remain

at least 500 feet from other people in such a manner so as to not pose an undue hazard to persons

and property.

Public benefit – There is no benefit or loss to the public by relieving the company of compliance

with the rules of this regulation.

Summary: The company seeks relief from the rules of 14 CFR part 91.405: “Maintenance required.” The company uAS is not a passenger carrying aircraft and is not manufactured to 14 CFR

airworthiness standards. Maintenance is provided by the owner utilizing the manufacturer’s
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instruction manual, a 24/7 hotline with the company and if necessary advanced maintenance

provided at the manufacturer’s United States facility.

91.407 Operation after maintenance

(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;

and

(2) The maintenance record entry required by §43.9 or §43.11, as applicable, of this chapter has

been made.

(b) No person may carry any person (other than crewmembers) in an aircraft that has been maintained,

rebuilt, or altered in a manner that may have appreciably changed its flight characteristics or substantially

affected its operation in flight until an appropriately rated pilot with at least a private pilot certificate flies

the aircraft, makes an operational check of the maintenance performed or alteration made, and logs the

flight in the aircraft records.

(c) The aircraft does not have to be flown as required by paragraph (b) of this section if, prior to flight,

ground tests, inspection, or both show conclusively that the maintenance, preventive maintenance,

rebuilding, or alteration has not appreciably changed the flight characteristics or substantially affected the

flight operation of the aircraft.

Reason for the request – This regulation is not pertinent to the company’s sUA as it is not

manufactured to 14 CFR, Part 43 or Part 21 airworthiness standards. The aircraft is “unmanned” so

rules pertinent to the carriage of passengers and flight by a pilot after repair or alteration are not

applicable to the sUA and the company’s operation.

Extent of relief – The company seeks relief from the rules of 14 CFR part 91.407, “Operation after

maintenance.” Equal level of safety –The level of safety assured by this regulation is unaffected by the company’s

relief from its rules because the sUA will be maintained to manufacturers’ standards by the

company. In the interest of safety, effectiveness of the equipment and preservation of company

assets the company’s aircraft will be maintained and safely operated to meet manufacturer’s

standards. In the interest of safety of flight, efficient operation and preservation of company assets

any company sUA that has undergone maintenance or alterations that affects the operation or flight

characteristics will undergo a functional test flight prior to conducting further operations under this

exemption. Functional test flights will be conducted by a pilot with a visual observer and shall remain

at least 500 feet from other people in such a manner so as to not pose an undue hazard to persons

and property.

Public benefit – Public assets and manpower will be preserved because there is no requirement for

an FAA maintenance inspector to examine Part 43 maintenance performed by an FAA certificated

Airframe and Powerplant mechanic. Even so, the FAA can continue to monitor and check the

maintenance performed by the company as desired.

Summary: The company seeks relief from the rules of 14 CFR part 91.407, “Operation after

maintenance” because it is not applicable to sUA. Since the sUA is unmanned, rules referring to

operation of the aircraft with a pilot or passenger onboard are not applicable. Safety of flight will

require post-maintenance check flights be conducted in such a way as to avoid persons or property.
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91.409 Inspections

(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.

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

person (other than a crewmember) for hire, and no person may give flight instruction for hire in an aircraft

which that person provides, unless within the preceding 100 hours of time in service the aircraft has

received an annual or 100-hour inspection and been approved for return to service in accordance with part

43 of this chapter or has received an inspection for the issuance of an airworthiness certificate in

accordance with part 21 of this chapter. The 100-hour limitation may be exceeded by not more than 10

hours while en route to reach a place where the inspection can be done. The excess time used to reach a

place where the inspection can be done must be included in computing the next 100 hours of time in

service.

(c) Paragraphs (a) and (b) of this section do not apply to—

(1) An aircraft that carries a special flight permit, a current experimental certificate, or a light-sport

or provisional airworthiness certificate;

(2) An aircraft inspected in accordance with an approved aircraft inspection program under part

125 or 135 of this chapter and so identified by the registration number in the operations

specifications of the certificate holder having the approved inspection program;

(3) An aircraft subject to the requirements of paragraph (d) or (e) of this section; or

(4) Turbine-powered rotorcraft when the operator elects to inspect that rotorcraft in accordance

with paragraph (e) of this section.

(d) Progressive inspection. Each registered owner or operator of an aircraft desiring to use a progressive

inspection program must submit a written request to the FAA Flight Standards district office having

jurisdiction over the area in which the applicant is located, and shall provide—

(1) A certificated mechanic holding an inspection authorization, a certificated airframe repair

station, or the manufacturer of the aircraft to supervise or conduct the progressive inspection;

(2) A current inspection procedures manual available and readily understandable to pilot and

maintenance personnel containing, in detail—

(i) An explanation of the progressive inspection, including the continuity of inspection

responsibility, the making of reports, and the keeping of records and technical reference

material;

(ii) An inspection schedule, specifying the intervals in hours or days when routine and

detailed inspections will be performed and including instructions for exceeding an

inspection interval by not more than 10 hours while en route and for changing an

inspection interval because of service experience;

(iii) Sample routine and detailed inspection forms and instructions for their use; and

(iv) Sample reports and records and instructions for their use;

(3) Enough housing and equipment for necessary disassembly and proper inspection of the aircraft; and

(4) Appropriate current technical information for the aircraft.

The frequency and detail of the progressive inspection shall provide for the complete inspection of the

aircraft within each 12 calendar months and be consistent with the manufacturer's recommendations, field
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service experience, and the kind of operation in which the aircraft is engaged. The progressive inspection

schedule must ensure that the aircraft, at all times, will be airworthy and will conform to all applicable FAA

aircraft specifications, type certificate data sheets, airworthiness directives, and other approved data. If

the progressive inspection is discontinued, the owner or operator shall immediately notify the local FAA

Flight Standards district office, in writing, of the discontinuance. After the discontinuance, the first annual

inspection under §91.409(a)(1) is due within 12 calendar months after the last complete inspection of the

aircraft under the progressive inspection. The 100-hour inspection under §91.409(b) is due within 100

hours after that complete inspection. A complete inspection of the aircraft, for the purpose of determining

when the annual and 100-hour inspections are due, requires a detailed inspection of the aircraft and all its

components in accordance with the progressive inspection. A routine inspection of the aircraft and a

detailed inspection of several components is not considered to be a complete inspection.

(e) Large airplanes (to which part 125 is not applicable), turbojet multiengine airplanes,

turbopropeller-powered multiengine airplanes, and turbine-powered rotorcraft. No person may

operate a large airplane, turbojet multiengine airplane, turbopropeller-powered multiengine

airplane, or turbine-powered rotorcraft unless the replacement times for life-limited parts

specified in the aircraft specifications, type data sheets, or other documents approved by the

Administrator are complied with and the airplane or turbine-powered rotorcraft, including the

airframe, engines, propellers, rotors, appliances, survival equipment, and emergency equipment, is

inspected in accordance with an inspection program selected under the provisions of paragraph (f)

of this section, except that, the owner or operator of a turbine-powered rotorcraft may elect to

use the inspection provisions of §91.409(a), (b), (c), or (d) in lieu of an inspection option of

§91.409(f).

(f) Selection of inspection program under paragraph (e) of this section. The registered owner or

operator of each airplane or turbine-powered rotorcraft described in paragraph (e) of this section

must select, identify in the aircraft maintenance records, and use one of the following programs

for the inspection of the aircraft:

(1) A continuous airworthiness inspection program that is part of a continuous

airworthiness maintenance program currently in use by a person holding an air carrier

operating certificate or an operating certificate issued under part 121 or 135 of this

chapter and operating that make and model aircraft under part 121 of this chapter or

operating that make and model under part 135 of this chapter and maintaining it under

§135.411(a)(2) of this chapter.

(2) An approved aircraft inspection program approved under §135.419 of this chapter and

currently in use by a person holding an operating certificate issued under part 135 of this

chapter.

(3) A current inspection program recommended by the manufacturer.

(4) Any other inspection program established by the registered owner or operator of that

airplane or turbine-powered rotorcraft and approved by the Administrator under

paragraph (g) of this section. However, the Administrator may require revision of this

inspection program in accordance with the provisions of §91.415.

Each operator shall include in the selected program the name and address of the person

responsible for scheduling the inspections required by the program and make a copy of

that program available to the person performing inspections on the aircraft and, upon

request, to the Administrator.

(g) Inspection program approved under paragraph (e) of this section. Each operator of an airplane or

turbine-powered rotorcraft desiring to establish or change an approved inspection program under

paragraph (f)(4) of this section must submit the program for approval to the local FAA Flight Standards

district office having jurisdiction over the area in which the aircraft is based. The program must be in

writing and include at least the following information:
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(1) Instructions and procedures for the conduct of inspections for the particular make and model

airplane or turbine-powered rotorcraft, including necessary tests and checks. The instructions and

procedures must set forth in detail the parts and areas of the airframe, engines, propellers, rotors,

and appliances, including survival and emergency equipment required to be inspected.

(2) A schedule for performing the inspections that must be performed under the program

expressed in terms of the time in service, calendar time, number of system operations, or any

combination of these.

(h) Changes from one inspection program to another. When an operator changes from one inspection

program under paragraph (f) of this section to another, the time in service, calendar times, or cycles of

operation accumulated under the previous program must be applied in determining inspection due times

under the new program.

Reason for the request – This regulation is only pertinent for manned aircraft build under 14 CFR

regulations.

Extent of relief – The company seeks relief from the rules of 14 CFR, Part 91.409 “Inspections.”

Equal level of safety –The level of safety assured by this regulation is unaffected by the company’s

relief from its rules because the sUA will be maintained to manufacturers’ standards by the

company. In the interest of safety, effectiveness of the equipment and preservation of company

assets the company’s aircraft will be maintained and safely operated to meet manufacturer’s

standards. In the interest of safety of flight, efficient operation and preservation of company assets

any company sUA that has undergone maintenance or alterations that affects the operation or flight

characteristics will undergo a functional test flight prior to conducting further operations under this

exemption. Functional test flights will be conducted by a pilot with a visual observer and shall remain

at least 500 feet from other people in such a manner so as to not pose an undue hazard to persons

and property.

Public benefit – Public assets and manpower will be preserved because there is no requirement for

an FAA maintenance inspector to examine Part 43 maintenance performed by an FAA certificated

Airframe and Power plant mechanic. Even so, the FAA can continue to monitor and check the

maintenance performed by the company as desired.

Summary: The company seeks relief from the rules of 14 CFR, Part 91.409 “Inspections.”

because it is not applicable to sUA. Since the sUA is unmanned, rules referring to operation of the

aircraft with a pilot or passenger onboard are not applicable. Safety of flight and will require post- maintenance check flights be conducted in such a way as to avoid persons or property.

91.417 Maintenance records

(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

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

service.
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(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.

(c) The owner or operator shall make all maintenance records required to be kept by this section available

for inspection by the Administrator or any authorized representative of the National Transportation Safety

Board (NTSB). In addition, the owner or operator shall present Form 337 described in paragraph (d) of this

section for inspection upon request of any law enforcement officer.

(d) When a fuel tank is installed within the passenger compartment or a baggage compartment pursuant to

part 43 of this chapter, a copy of FAA Form 337 shall be kept on board the modified aircraft by the owner

or operator.

Reason for the request – This regulation is only pertinent for manned aircraft built under 14 CFR

regulations.

Extent of relief – The company requests relief from the rules associated with 14 CFR, Part 91.417, “Maintenance records.”

Equal level of safety – The level of safety assured by this regulation is unaffected by the company’s

relief from its rules because the sUA will be maintained to manufacturers’ standards by the

company. In the interest of safety, effectiveness of the equipment and preservation of company

assets the company’s aircraft will be maintained and safely operated to meet manufacturer’s

standards. In the interest of safety of flight, efficient operation and preservation of company assets

any company sUA that has undergone maintenance or alterations that affects the operation or flight

characteristics will undergo a functional test flight prior to conducting further operations under this

exemption. Functional test flights will be conducted by a pilot with a visual observer and shall remain

at least 500 feet from other people in such a manner so as to not pose an undue hazard to persons

and property.

Public benefit – Public assets and manpower will be preserved because there is no requirement for

an FAA maintenance inspector to examine Part 43 maintenance performed by an FAA certificated

Airframe and Power plant mechanic. Even so, the FAA can continue to monitor and check the

maintenance performed by the company as desired.
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Summary: The company seeks relief from the rules of 14 CFR, Part 91.417 “Maintenance records,”

because it is not applicable to sUA. Since the sUA is unmanned, rules referring to operation of the

aircraft with a pilot or passenger onboard are not applicable. Safety of flight and will require post- maintenance check flights be conducted in such a way as to avoid persons or property.

Describe the design and operational characteristics for the type(s) of UAS the

company intends to operate. The company intends to operate Yuneec ‘Typhoon Q500,’ The DJI ‘Phantom,’ the DJI

‘Inspire,’ and the 3D Robotix ‘IRIS.’ Because these Unmanned Aerial Systems weigh

less than 55 pounds each (including payload) they are classified as Small Unmanned

Aircraft (sUA). All of these models are “quadcopters” with four propellers driven by

electric motors. Each has a set of skid type landing gear for vertical landings.

Each has similar flight characteristics and performance similar to a helicopter. They are

remotely controlled by a standard 10 channel radio control device common to

recreational radio controlled aircraft. Sensors of various types can be attached to a pilot

controlled gimbal mount on the underside of the sUA. The company will use remotely

controlled digital cameras of the type the sUA is designed to carry, such as the “gopro

HERO4.” Aircraft performance and limitations. The company operates four models of sUA. General operating limitations listed here are

optimal and are representative of capabilities that can be met by all four models. Some

models may perform better than specifications listed here i.e. have longer operating times

on a single battery charge, operate at higher ambient temperatures, higher altitudes above

sea level or maneuver at faster rates.

Battery charge duration depends on the flight’s altitude above sea level. Maximum

duration of flight below 3000’ feet above mean sea level (MSL) is between 15 – 22

minutes with a full battery charge depending on sUA model, with the DJI Phantom noting

a 30 minute maximum flight time in the same operating regime. Flights of 11 minutes

have been documented by users at the service ceiling altitude.

Maximum airspeed allowed for sUA is 100 mph. Maximum speed of our sUA are 35 mph. Operating temperatures: -10°C to 40°C (80°C for the ‘Typhoon’)

Maximum bank angle: 35° at 300° per second

Maximum yaw rate: 150° per second

Maximum rate of climb: 1200 feet per minute (fpm)

Maximum rate of descent: 400 fpm

Service ceiling: 12,000 feet MSL @ -9°C

Maximum legal altitude: 400 feet AGL (above ground level)

Maximum controllable range from the pilot: 1000m, (0.6 miles)

Provide aircraft loading information in as much detail as possible.
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All models of sUA operated by the company are equipped with a removable

camera which when attached, brings the sUA to the maximum gross weight

reflected below. (All weights are based on a grams to pounds conversion).

DJI ‘Inspire’ – 6.5 lbs.

DJI ‘Phantom’ – 2.8 lbs.

3D Robotix ‘Isis’ – 2.9 lbs.

Yuneec ‘Typhoon’ – 3.7 lbs.

All aircraft will perform normally at the service ceiling at maximum gross weight.

Operating procedures will vary based on the job, location, customer and the sUA used to

complete it. But procedures used that are common to every flight include conduct of a company Site

Assessment, Risk Management Assessment and Safety Mitigation Plan. These

documents are included later in this document. These documents describe in detail how a safe

and legal company flight is to be planned, performed, terminated and recorded.

Each job will be conducted by a minimum of one FAA certificated and company trained

pilot and one company trained visual observer. After conducting the Site Assessment

and Risk Management Assessment, the pilot and observer will work together to

produce a Safety Mitigation Plan. This document will serve as a flight plan for the

conduct of the job. All of these documents will be turned over to and maintained by

company management at the completion of the job to document flight time, the planning

for the flight and the lessons learned in performing the job. These lessons will be

circulated throughout the company and covered in training in order to increase the level

of safety and efficiency of the operation.

Company personnel are trained to either not launch, discontinue or terminate a flight

immediately whenever any unplanned hazard or risk develops. Flight will not be initiated

or continued until the identified risk or hazard has been mitigated or eliminated. Flying

safely is the most important element of our business. No job is worth risking injury to

people, damage to property over which we fly or damage or loss of our equipment. Petitioners should describe any procedures they would implement to ensure that

the UAS is in a condition for safe flight, such as:

Pre-flight inspections – A careful preflight inspection will be conducted on company

aircraft before each flight by using guidance in the manufacturer’s operator’s manual.

During Pre-flight inspections the pilot will look for mechanical or electronic defects in

order to insure the sUA is in good condition and safe for flight. The pilot will check radio

controls, structural members, landing gear and propellers for improper function, damage

and wear. Company operating procedures require that the pilot conduct performance

and power checks (such as hover in and out of ground effect checks) prior to departing

the takeoff area for a flight.

Maintenance and repair – The company will use the manufacturer’s recommended

component maintenance. Since these manuals are limited to owner maintenance the

company will refer to the manufacturer’s help line for advice on overhaul, replacement,
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inspection, and component life limits to repair or replace parts and keep the aircraft in

good repair. In the interest of safety, effectiveness of the equipment and preservation of

company assets the company’s aircraft will be maintained and safely operated to meet

manufacturer’s standards. Where covered by owner’s manual instructions, repair and maintenance shall be

completed by the company. Higher level maintenance will be completed with reference

to the manufacturer’s help line to complete the repair in-house or by returning the sUA to

an authorized repair facility. Any company sUA that has undergone maintenance or alterations that affects the

operation or flight characteristics will undergo a functional test flight prior to conducting

further operations under this exemption. Functional test flights will be conducted by a

pilot with a visual observer and shall remain at least 500 feet from other people in such a

manner so as to not pose an undue hazard to persons and property.

Maintenance Manuals – The company owner’s manual that comes with each sUA

contains procedures for troubleshooting and maintaining the aircraft. These will serve as

the company maintenance manuals. A record of flights with discrepancies found and

type of repair performed will be kept in the sUA logbook as a company record.

Describe the Radio Frequency (RF) spectrum used for control of the UAS and

associated equipment that is part of the UAS (i.e., sensors, cameras, etc.)

All company aircraft onboard systems and remote radio controllers comply with FCC

requirements for model (radio controlled) aircraft. The PIC inputs to the aircraft are

maintained by standard 10 channel remote controls operating on the 2.4GHz RC band.

Video downlink is achieved on the 5.8GHz band. Documentation of this compliance is

printed in the operator’s manuals for each aircraft.

Describe the qualifications required of any PIC(s) who will be directly responsible

for the operation of the uAS. 14 CFR, Sec. 91.3 will govern the authority of the company pilots.

Sec. 91.3 — Responsibility and authority of the pilot in command.

(a) The pilot in command of an aircraft is directly responsible for, and is the final

authority as to, the operation of that aircraft.

Under this grant of exemption, a company PIC must hold a US Federal Aviation

Administration (FAA) pilot certificate either recreational, private, commercial or airline

transport. The PIC must possess a current US driver’s license and/or a current FAA Class I, II or III

medical certificate. The sUA must be operated within visual line of sight (VLOS) of the

PIC at all times. This requires the PIC to be able to use human vision unaided by any

device other than corrective lenses.
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The pilot must also meet the flight review requirements specified in 14 CFR § 61.56 in

an aircraft in which the pilot is rated on his or her pilot certificate.

The company shall not permit any PIC to operate unless the pilot demonstrates the

ability to safely operate the uAS in a manner consistent with how the uAS will be

operated under this exemption, including evasive and emergency maneuvers and

maintaining appropriate distances from persons, vessels, vehicles and structures.

PICs must have at least 5 hours total flight time in Unmanned Aircraft (UA) and 5 hours

in the type uAS the company flies before conducting company business operation flights.

PICs must log flight time in a manner consistent with 14 CFR § 61.51(b). Flights shall be

logged along with their purpose, be it company operations or for the purposes of training

the PICs and Visual Observers (VO), or for determining the PIC’s ability to safely

operate the sUA. Training operations may only be conducted during dedicated training sessions. During

training, proficiency, and experience-building flights, all persons not essential for flight

operations are considered non-participants, and the PIC must operate the sUA. Describe the qualifications and roles required of any Visual Observer who will be

directly responsible for the operation of the UAS and any applicable training

related to the operation;

At least one visual observer is required to conduct any sUA company flight. This person

shall have corrected or uncorrected sight in both eyes and be capable of clear verbal

communication in the English language. Except for training flights, Visual Observers (VO) must have received at least one hour

of ground training to include FAA sUA requirements and regulations and company

procedures included in this application; and one hour of training with a PIC flying the

sUA before acting as an observer on company flights. VO training operations may only

be conducted during dedicated training sessions.

The role of the VO is to assist the pilot in keeping the sUA in sight and clear of hazards

and obstructions over the flight planned route. The VO should also: maintain direct line- of-sight observations unaided by anything but corrective lenses; help the pilot conduct

pre-flight assessments; identify and avoid or otherwise remediate hazards prior to and

during the flight; find and direct the pilot to safe and appropriate landing sites as

required; assist the pilot with any task that would cause the pilot to take a hand off of the

flight controls. The VO will call for the pilot to land the sUA and postpone or discontinue

the flight whenever he/she is unable to see the sUA or continue his/her duties while the

sUA is airborne.

Petitioners should describe the medical standards and certification of the PIC(s)

directly responsible for the operation of the sUA.
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The PIC must possess a current US driver’s license and/or a current FAA Class I, II or III

medical certificate. The sUA must be operated within visual line of sight (VLOS) of the

PIC at all times. This requires the PIC to be able to use human vision unaided by any

device other than corrective lenses. Regarding the Operation of the Unmanned Aircraft:

Describe their intended UAS operation(s).

The company intends to utilize sUA to safely conduct commercial photography and

video operations for public, private and commercial use including but not limited to:

inspection of residential, commercial, and industrial real estate for realty companies;

assisting engineering firms or agencies and the energy industry in conducting surveys

and inspections, assisting wildlife and agriculture businesses or agencies searches and

surveys; aiding public agencies in search and rescue operations; providing training for

pilots and observers in the operation of sUA. . Describe how the proposed operation(s) would not adversely affect safety and

how they would provide a level of safety at least equivalent to that provided by

the rule from which exemption is sought.

The FAA has found that the enhanced safety achieved using an unmanned

aircraft (UA) with the specifications described by the petitioner and carrying no

passengers or crew, rather than a manned aircraft of significantly greater proportions,

carrying crew in addition to flammable fuel, gives the FAA good cause to find that the

UAS operation enabled by this exemption is in the public interest. Likewise it is safer to

use sUA to conduct many of the requested operations than to rely on a helicopter to

hover over critical infrastructure, or ask a person to climb on and/or photograph a bridge,

walk over hazardous terrain, climb a flare stack or other piece of equipment that can

easily be reached by sUA.

Describe plans to implement clearly defined operational borders and procedures

to ensure public safety, which includes persons and property both in the air and

on the ground.

Twenty-four hours prior to any flight the company will submit a Notice to Airmen

(NOTAM) to alert air traffic to the location, time and maximum altitude of our operation.

Immediately prior to flight the company pilot will do a detailed survey of the site of the

intended flight and the surrounding area utilizing the company Site Assessment, Risk

Management Assessment and Safety Mitigation Plan. If hazards or safety risks are

noted during the initial Site Assessment, these will be mitigated or eliminated before

flight is conducted. As necessary, signs and/or observers will be placed at points along

the sUA intended flight path to keep it clear of people, vehicles and other obstructions

and hazards. Observers noting a hazard will notify the pilot who will immediately take the

appropriate action to mitigate that risk, which may include re-direction of the sUA to a

safe area where the flight can be terminated until the risk is mitigated.

Specify the proposed maximum operating speed and altitude
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Regulations limit sUA to 100 mph and 400 feet above the surface.

No company sUA can travel faster than 50 mph. Pilots insure that the job can be safely

and legally completed at altitudes less than the maximum altitude of 400 feet above the

surface.

Describe minimum flight visibility and distance from clouds for operation(s).

The company intends to use the guidance of 14 CFR, Part 91.155 (b) (1) for flight

visibility and cloud clearance minimums in Class G airspace.

(b) Class G Airspace. Notwithstanding the provisions of paragraph (a) of this

section, the following operations may be conducted in Class G airspace below

1,200 feet above the surface:

(1) Helicopter. A helicopter may be operated clear of clouds if operated at a

speed that allows the pilot adequate opportunity to see any air traffic or

obstruction in time to avoid a collision.

Flights in other airspace as cleared by a Certificate of Authorization for specific flights will

utilize the most conservative guidelines of Sec. 91.155 used for airplanes as follows:

Sec. 91.155 — Basic VFR weather minimums.

(a) Except as provided in paragraph (b) of this section and §91.157, no

person may operate an aircraft under VFR when the flight visibility is less, or

at a distance from clouds that is less, than that prescribed for the

corresponding altitude and class of airspace in the following table:

Airspace Flight visibility Distance from clouds

Class A - NOT APPLICABLE TO sUA Not Applicable Not Applicable.

Class B 3 statute miles Clear of Clouds.

Class C 3 statute miles 500 feet below.

1,000 feet above.

2,000 feet horizontal.

Class D 3 statute miles 500 feet below.

1,000 feet above.

2,000 feet horizontal.

Class E:

Less than 10,000 feet MSL 3 statute miles 500 feet below.

1,000 feet above.

2,000 feet horizontal
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At or above 10,000 feet MSL

NOT APPLICABLE TO sUA

5 statute miles 1,000 feet below.

1,000 feet above.

1 statute mile horizontal.

Class G:

1,200 feet or less above the surface (regardless of MSL altitude)

Day, except as provided in §91.155(b) 1 statute mile Clear of clouds.

Night, except as provided in §91.155(b)

NOT APPLICABLE TO sUA

3 statute miles 500 feet below.

1,000 feet above.

2,000 feet horizontal.

More than 1,200 feet above the surface but less than 10,000 feet MSL

Day 1 statute mile 500 feet below.

1,000 feet above.

2,000 feet horizontal.

Night

NOT APPLICABLE TO sUA

3 statute miles 500 feet below.

1,000 feet above.

2,000 feet horizontal.

More than 1,200 feet above the surface and at or above 10,000 feet MSL 5 statute miles 1,000 feet below.

1,000 feet above.

1 statute mile horizontal.

Describe potential hazards and safety mitigations associated with these

proposed conditions. Describe in detail the Risk Analysis of the site so that the

planned operation can be completed safely.

The company has a comprehensive plan to identify and either mitigate or eliminate hazards

before a flight is conducted. (see next paragraph) The plan also calls on the pilot and observer

to accommodate unexpected hazards. Before and then after a flight the pilot and observer

works together to plan and then record the flight using the company’s Site Assessment, Safety

Survey, Safety Hazard Mitigation Plan. The Site Assessment, Risk Management Assessment and Safety Mitigation Plan

are designed to help the pilot evaluate the planned job and assess the risks at the site and the

surrounding area where the sUA will be flown. These tools will allow company pilots and

management to insure all flights are conducted safely and in accordance with regulations and

guidance from the FAA. They will also act as tools to improve training and day-to-day operations. Safety in company operations will improve by passing on the lessons that are learned at each job.
23

Site Assessment

BEELINE DRONES Date: ________________________

“...a safe flight every time!”

Pilot:

Observer:

Job Location: (address, latitude/longitude and/or description).

Example:

1111 Highland Hills Drive, Marble Falls Texas, 78654

30 degrees, 15 min N, 89 degrees 20 min W

2 miles north of the Marble Falls Walmart on US 281 go 1 mile west on Highland Hills

Drive.

Address/Location:

A Notice to Airmen (NOTAM) must be filed 24 hours before the flight is made.

NOTE!

You may not fly a drone:  From a moving vehicle or vessel.  Near military or federal facilities, certain stadiums (see NOTAMs/TFRs), emergency services vehicles or stations, power plants, dams, electric substations

or industrial complexes.  In a Temporary Flight Restricted area (TFR) or Prohibited Area.  Near wind farms or oil refineries without permission.  Near The Disney resorts or inside the Washington DC restricted zones and other

Special Use airspace.  Between sunset and sunrise (i.e., no night operations).  Within 5 miles of an airport unless a Certificate of Authorization is issued for the

operation by an FAA Flight Standards District Office.

Prior to conducting any flight,
24

the pilot and observer shall walk the site or otherwise evaluate the job site. If this

is impossible or ability to walk part of the site is limited, the pilot and observer

shall walk to all points around the site from which they shall observe and control

the drone. During the site survey the following factors will be considered. ** Be sure to note other factors not listed that may affect or detract from the safe

and efficient completion of the job.

Factors to note at the job site:  Altitude of the site above sea level (Density Altitude)  Ambient temperature

 Weather (cloud types & height, horizontal visibility and wind direction, velocity

and gusts, presence of rain, thunderstorms, fog or phenomena that will limit

visual observation.)  Air traffic

 People, animals or livestock in the open

 Birds (especially in flocks and migratory birds like geese, ducks, doves, etc.).  Structures or property that could be damaged if struck by our drone

 Noise sensitive areas

 Other sensitive areas like cemeteries, historical sites, wildlife refuges, etc.  Drone prohibited areas like federal or military facilities, power plants, electric

substations, dams, national parks, emergency services and industrial complexes.  Wires, antennas, towers and other obstructions to the drone’s flight path

 Roads & Type and frequency of vehicular traffic

 Presence of construction or farm equipment and persons

 Condition of the terrain

 Ponds, streams and other bodies of water  Height and types of vegetation

 The flight path and its traffic ability (Can you walk it?)  Safety Area along the intended flight path

 Emergency Landing sites

Other factors I saw during my site assessment are listed here:

Use this space to map the area and hazards you noted during your

assessment.
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Risk Management Assessment

BEELINE DRONES Date:________________________

“...a safe flight every time!”

Pilot: Flight Time logged

on this job: ________________

(post this upon ending the flight)

Observer:

Job Location: (address, latitude/longitude and/or description).

Example:

1111 Highland Hills Drive, Marble Falls Texas, 78654

30 degrees, 15 min N, 89 degrees 20 min W

2 miles north of the Walmart on US 281 go 1 mile west on Highland Hills Drive.

Address/Location:

The purpose of the Risk Management Assessment is to document your

evaluation of the job site and record the information you need to plan a safe and

effective flight. The information you record will help us to plan safe flights and

train others based on the flight you conduct.

Use your “site assessment” and this “risk management assessment” to create a

“mitigation plan” to be submitted to the company for each job you do. Note the

hazards and write down your plan to mitigate them. If a risk cannot be effectively

and safely mitigated, DO NOT CONDUCT THE FLIGHT!
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BEELINE DRONES Date:________________________

“...a safe flight every time!”

PREFLIGHT RISK ASSESSMENT CHECKLIST

Starting the day before the flight answer the following questions and re- check the day of the flight:

Has a NOTAM been filed 24 hours or more before this flight? If not, cancel the

flight until the requirement is met.

Has permission of the land/property owners around the site been obtained?

Have you checked NOTAMs for the local area?

Does the area for the job include Temporary Flight Restrictions (TFR) or

Prohibited Areas?

** NO flights are permitted within the boundaries of a TFR or Prohibited Area.

Is the flight within a Special Flight Rules Area? Flying within these requires

special procedures. Check FAA.gov for updates on these areas which include

Washington, D.C., The Hudson River in New York, Luke Air Base and other

areas around the United States.

Have you checked the weather for trends and for weather that may pose a

hazard for the intended flight? Are storms or weather limiting visibility predicted

for the time and place of the flight operation?

Is the weather equal to or better than company minimums AND above the pilot’s

personal minimums?

(Refer to FAR 91.155 for visibility, cloud clearance and visibility required to

conduct the flight. Check winds <15 knots and not gusty – Your personal

minimums can be more conservative than the company’s but not less. You

don’t HAVE to fly!)

On the day of the flight, re-check the questions above and answer the

following questions:

Has a site assessment been conducted that allows you to examine the area of

operations surrounding the job site for hazards within the area where the drone

will fly?

(If “no,” conduct that before proceeding with this form)

Has the pilot and visual observer walked the flight path looking for hazards?
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Did the pilot check the appropriate VFR and if applicable the IFR Aviation Charts

for the site to see if airports, air traffic, instrument approach procedure routes,

towers, wires or obstructions are charted which may affect the conduct and

safety of the flight?

(Note these hazards on the mitigation plan).

Did you check local road maps for the presence of noise sensitive areas (such as

schools, hospitals, eldercare facilities, churches conducting services) or other

sensitive areas, (cemeteries, historical sites or wildlife refuges)?

(If “yes” include these on the mitigation plan?)

Are there people (including spectators, gatherings of people) in the open within

or outside of the edges of the proposed flight path?

If “yes,” note them on your mitigation plan and prepare a plan to reduce

the risk our operation might pose to them.

Verbally notify people in the area that you will be conducting drone

operations.

Stay clear and do not overfly uncovered people, pets, livestock, vessels

and vehicles. Avoid overflying property that could be damaged if struck by a falling

drone.

Did you post warning signs, company observers or otherwise block access to the

job site where our drone will be operating?

Has the pilot planned and delineated a “safety zone” to keep the flight path clear

of people, property and obstructions?

Does the pilot have emergency landing areas along the route that can be rapidly

reached to safely land the drone from any point in the flight in the event of an

unchecked hazard, mechanical failure, unexpected weather or other hazard?

Is the take-off and landing area clear of people and obstructions and segregated

from public access?

Will the pilot and observer have clear and unobstructed sight of the drone

throughout the planned flight?

Can the pilot avoid other aircraft and can the observer(s) restrict or warn

persons, vessels or vehicles that may enter the flight path?
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Is the pilot satisfied that the drone is in 100% safe and serviceable condition? If

“no,” do not fly until repair and (if required) a functional test flight is successfully

flown.

Will the pilot and observer have clear, unobstructed verbal communication with

each other at all points of the flight?

Can you describe how you will maintain altitude below a maximum of 400 feet

above the ground?

Can you complete all operations during daylight hours?

(Flights must not begin before sunrise nor continue after sunset). Are there any other drones working in your area?

(No more than one drone will normally be permitted at any one time within the

same block of designated airspace).

Did you turn off all personal electronic devices?

NOTE: Except for devices used to call between the pilot and observer, cell

phones, radios, devices which use earbuds, head phones or other similar

distracting devices should be turned off during flight operations. Are there high voltage electric lines, radar dishes or other high power electrical

facilities in the area which may interfere with the radio control devices

transmitting between the drone and the pilot?

POST FLIGHT PROCEDURES:

Record flight time on the risk management assessment sheet and in the drone’s

logbook.

In keeping with 14 CFR, section 61.51 the pilot shall maintain a record of each

flight (in a personal logbook or other acceptable record). Do a post-flight inspection on the remote controls and aircraft for wear or

damage.

Complete the Safety Mitigation Plan and turn all paperwork associated with the

flight into company management.
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Describe the characteristics of the area of intended operation(s) and the

associated potential hazards, in accordance with the statutory mandate under

Section 333 regarding proximity to populated areas.

The company intends to conduct business operations within the 50 United States. Whether

working in a small local area or in diverse places, it is the pilot’s responsibility to assess and

mitigate risks. The company provides the pilot with a checklist/questionnaire to help with the

site survey and risk assessment.

After using these safety/operational planning tools the pilot develops a written risk mitigation

plan to both document and ensure the pilot and later, the company that all available risks had

been taken into consideration before a flight was conducted. After the flight, the pilot

evaluates the effectiveness of the mitigation plan. “Lessons learned” are passed throughout

the company to help other pilots and company employees to learn from the valuable lessons,

and reduce similar risks at future jobs.

These risk assessment and mitigation tools are submitted to the company management and

kept as a matter of record. They are to be used in future operations to plan safe and efficient

ways to do the next job.

These tools are living documents, i.e. the company will continue to modify and update them. “Lessons learned” will be compiled and passed to pilots and observers and used to train new

employees and crews.

Describe if you intend to operate in the proximity of any airports, in accordance

with the statutory mandate under Section 333 regarding proximity to airports.

The company will follow the regulatory guidance for UAS of remaining clear of airports

by at least 5 miles and airspace other than Class G. For any exceptions to this the

company will request a Certificate of Authorization (COA) from the local FAA Flight

Standards District Office (FSDO).

Any operation in the proximity of airports will be outlined and discussed with the airport

management and the control tower (if applicable) with details including distance, height,

time of operation, duration and the pilot and company’s point of contact information. The

pilot will remain in contact by telephone with the tower during any operation near an

airport that is approved by the FAA.

Describe any procedures as they would be implemented for conducting a

preflight safety risk assessment to determine that the UAS is in a condition for

safe flight (14 CFR § 91.7(b))

Sec. 91.7 — Civil aircraft airworthiness.

(b) The pilot in command of a civil aircraft is responsible for determining whether

that aircraft is in condition for safe flight. The pilot in command shall discontinue the

flight when unairworthy mechanical, electrical, or structural conditions occur.
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As noted earlier, the manufacturer of the company’s sUA provide guidance in maintaining

them in the operator’s manual provided when purchasing the sUA. In the interest of safety of

flight, efficient operation and preservation of company assets the company sUA will be

maintained to manufacturer’s standards. The manufacturer provides a troubleshooting guide,

a 24/7 hotline for assistance in maintaining the sUA, and deep-level repair at their US facility.

Any company sUA that has undergone maintenance or alterations that affects the operation

or flight characteristics will undergo a functional test flight prior to conducting further

operations under this exemption. Functional test flights will be conducted by a pilot with a

visual observer and shall remain at least 500 feet from other people in such a manner so as

to not pose an undue hazard to persons and property.

End of document